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TABLE OF CONTENTS
HEADIN'G fM.I I
1. ADVICE OF CoUNSEL 2
2. DISCLOSURE OF ASSETS 3
3. PERSONAL RIGHTS 4
4. ~nrruAL CONSENT DIVORCE 5
5. EQUITABLE DISTRIBUTION 6
ia) Tennessee Property 6
(b) Puerto Rico Property 7
(c) Furnishings and Personalty 8
(d) Motor Vehicles 9
(e) Life Insurance 9
(1) Husband's Life Insurance Obligation 10
(2) Wife's Life Inusrance Obligation 11
(f) Pension and Retirement Benefits 13
(g) Cash Accounts, Stocks and Investments 13
(h) Miscellaneous Property 14
(i) Payment to Wife 14
(j) Property to wite 14
(k) Property to Husband 15
(1) Assumptions of Encu~rances 15
(m) Liability Not Listed 15
(n) Indemnification ot wife 16
(o) Indemnification ot Husband 16
(p) Warranty as to Future Obligations 17
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TABLE OF CONTENTS
(continued)
HEADING
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6 . WAIVI!:R OF ALIMONY
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7. COUNSEL FEES, COSTS AND EXPENSES
8 . CUSTODY
9.
(a) Legal CUstody
(b) Majority Physical custody
{c} Partial Physical CUstody
(d) order
CHILD SUPPORT
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10. COLLEGE ACCOUNT/UGHA ACCoUNT 19
11. WAIVER OF INHERITANCE RIGHTS 20
12. WAIVER OF BENEFICIARY DESIGNATION 21
13 . RELEASE OF CLAIMS 21
14. PRESERVATION OF RECORDS 24
15. MODIFICATION 24
16. SEVERABILITY 24
17. BREACH 24
18. WAIVER OF BREACH 2S
19. NOTICE 25
20. APPLICABLE LAW 2S
21. DATE OF EXECUTION 25
22. EFFECTIVE DATE 26
23. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 26
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MARITAL B1S'1"1'LIlKBR'l' AGRJlIZKIlIW
'raIS AOIU!:BKBJrl' is made this ~ day of ~~
1997, by and between LUIS B. CRESPO, of Mirmar, plorida, and
KELLIE M. CRESPO, of Cumberland county, Pennsylvania I
WITlfESSETH:
WHBREAS, Luis B. crespo (hereinafter referred to as
"HuSband") social Security Number: 582-17-4694 was born on
August 2, 1962, and presently resides at 10344 S.W. 20th street,
Mirmar, Plorida 33334.
WHBRBAS, Kellie M. Crespo (hereinafter referred to as
"Wife") Social Security Number: 556-35-4332 was born on January
17, 1963, and presently resides at 1465 Hillcrest court,
Apartment 607, Ca~p Hill, Cumberland county, Pennsylvania, 17011.
WHEREAS, the parties hereto are husband and wife, having
been lawfully married on November 9, 1990, in Virginia;
WHBRBAS, one child was born of the marriage namely Nicolle
M. Crespo, born Nov~er 18, 1994;
WHEREAS, the parties hereto are desirous of settling fully
and finally their respective financial and property rights and
obligationa as between each other, including, without limitation,
the settling of all matters between them relating to the
ownership of real and personal property, the support and
maintenance of one another and, in general, the settling of any
and all claims and possible olaims by one against the other or
against their respective estates.
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NOW, TBBRE.ORB, in consideration ot theso promises, and of
tho mutual promises, covenants and undertakings hereinafter sot
forth, and for other good and valuable consideration, the receipt
and suffioiency of which is hereby acknowledged by each of the
parties hereto, Husband and Wite, each intending to be legally
bound hereby, covenant and agree as tollows:
1. ~ICB OP COUNBBL. The provisions of this
Agreement and their legal effect have been fully explained to
the parties by their respective counsel, Charles E. Petrie,
Esquire, for Husband, and Cindy s. conley, Esquire, for Wife.
Each party acknowledges that he or she has received independent
legal advice from counsel of his or her selection, and that each
fully understands the tacts and has been fully informed as to his
or her legal rights and Obligations, and each party acknowledges
and accepts that this Agreement is, in the circumstances, fair
and equitable, and that it is being entered into treely and
voluntarily, after having received such advice and with such
knowledge, and that the execution of this Agreement is not the
result of any duress or undue influence, and that it is not the
result of any improper or illegal agreement or agreements. In
addition, each party hereto acknowledges that he or she has been
fully advised by his or her respective attorney of the impact of
the Pennsylvania Divorce Code, whereby the court has the right
and duty to determine all marital rights of the parties including
divorce, alimony, alimony ~endente l1tg, equitable distribution
of all marital property or property owned or possessed
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individually by the other, counsel fees end costs ot litigetion
and, fully knowing the sa~e and ~einq fully advised ot his or her
rights thereunder, each party hereto still dosiroa to execute
thiB Agreement, acknowledging that the terms and conditions set
torth herein are fair, just and equitable to each ot the parties,
and waives his and her respective right to have the Court of
Common Pleas of cumberland County, or any other court of
compe~ent jurisdiction, make any determination or order attectinq
the respective parties' rights to alimony, alimony pendente ~,
support and maintenance, equitable distribution, counsel feeS and
costs of litigation.
2. DXSCLOSURB OW ~SSBTS. Each of the parties hereto
acknowledges that he or she is aware of his or her right to seek
discovery, including but not limited to, written interrogatories,
motions for production of documents, the taking of oral
depositions, the filing ot inventories, and ell other means of
disc~'ery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure. Each of the parties
further aoknowledges that he or she has discussed with counsel
the concept ot marital property under Pennsylvania law and each
is aware of his or her right to have the real and/or personal
property, estate end essets, earnings and income of the other
assessed or evaluated by the courts of this commonwealth or any
other court of competent jurisdiction. The parties do hereby
acknowledge that there has been full and tair disclosure to the
other of his or her respective income, assets and liabilities,
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whether such are hold jointly or in the name ot one party alone.
Each party agrees that any right to further disclosuro,
valuation, enum~ration or statement hereof in this Agreement is
hereby specifically waived, and the parties do not wish to make
or append hereto any turther enumeration or statement. The
parties hereby acknowledge and agree that the division of assets
as set forth in this Agreement is tair, reasonable and equitable,
and is satisfactory to them. Each of tho parties hereto further
covenants and agrees for himselt and herself and his or her
heirs, executors, administrators or assigns, that he or she will
never at any time hereafter sue the other party or his or her
heirs, executors, administrators or assigns in any action of
contention, direct or indirect, and allege therein that there was
a denial of any rights to full disclosure, or that there vas any
fraud, duress, undue intluence or that there was a failure to
have available full, proper and independent representation by
legal counsel.
3. PBRBO~L RIGHTS. Husband and wite may,
at all times hereafter, live separate and apart. Each shall be
free from all control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place
or places as he or she may select. Each may, for his or her
separate use or benefit, conduct, carry on or engage in any
business, occupation, profession or employment which to him or
her may seem advisable. Husband and Wife shall not molest,
harass, disturb or malign each other or the respective tamilies
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of each other, nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever ~ith
him or her. Neither party will intertere with the use,
ownership, enjoymont or disposition ot any property now owned by
or hereafter acquired by the other.
4. MUTUAL CONSIlIl'1' DIVORCB. The parties acknowledge
that on or about January 31, 1997, HUsband initiated a divorce
action under the no-tault provisions ot the Divorce Code in the
Cameron county court ot Common Pleas and said action was
transferred to CU~erland County and docketed to No. 97-1699-
CIVIL TERM. It is the intention of the parties, and the parties
agree, that by this Agreement they have resolved all ancillary
economic issues related to their divorce and thus this or any
other divorce action with respect to these parties shall be
limited to a claim for divorce only. The parties acknowledge
that the ninety (90) day waiting period provided for under
S3301(c) of the Divorce Code, has expired. Accordingly, at the
request of either party, each party ~ill sign an Aftidavit of
Consent to divorce and Waiver of Notice of Intention to Request
Entry of Divorce Decree and deliver same to coUnsel for the
requesting party, who shall promptly submit said atfidavits and
waivers to the court along with a Praecipe to Transmit Record,
Vital statistics Porm and any and all other documents necessary
to precipitate the prompt entry of a divorce decree.
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5. EOUIT~LIl DISTRIBUTION.
Ca) Tennessee PrODerty. The parties acknowledge
that they are the owners as tgnants by the entireties of a
certain tract ot land in the 15th Civil Distriot of Warren
County, Tennessee as evidenced by the copy of the Warranty Deed
attached to this agreement and marked Exhibit -A" and
incorporated by reterence herein as set forth at length. The
parties agree as follows with respect to the Tennessee Property:
(I) contemporaneously with the execution of
this Agreement, Husband and Wife shall execute and deliver an
appropriate deed, to be prepared by Wife's counsel in a form
satisfactory to HUSband, conveying to wife all of the parties'
right, title, claim and interest in and to the Tennessee
Property. Thereafter, except as specifically set forth herein,
Wife shall be the solo owner of the Tennessee Property and shall
be entitled to record said deed and take any action with respect
thereto that she dee~s appropriate.
(2) Husband agrees that as of the date of
execution of this agreement, any and all homeowner's pOlicies,
title policies and other polioy of insurance with respect to the
Tennessee Property shall be deemed to be endorsed to reflect Wife
as sole owner thereof and he further agrees that Wife shall be
entitled to receive any payments then or thereafter due under any
such insurance policy.
(3) Commencing on the execution date of this
Agreement, wite shall be solely responsible for all costs,
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expenses and liabilities associated with or attributable to the
Tennessee Property, regardless of when such cost or liability
arose, Includinq, but not limited to, any mortgages, any and all
home equity loans or lines of credit, taxes, insurance premiums,
utilities, maintenance and repairs, and Wite shall keep Husband
and his successors, assigns, heirs, executors and administrators
indemnified and held ha~less from any liability, cost or
expense, including actual-attorneys fees, which may be incurred
in connection with such liabilities and expenses or resulting
from Husband's ownership interest in the Tennessee Property.
(b) PUerto Rico ProDertv. The parties
acknowledge that they are the owners of a certain tract of land
in Puerto Rico as evidenced by the copy of the deed, attached to
this aqreement and lUarked Exhibit liB" and incoll'orated by
reference herein as set torth at length. The parties agree as
follows with respect to the Puerto Rico property:
(i) Within ten (10) days of Wife's receipt
of the final payment due her pursuant to paragraph 5 (h) below,
HUsband and wife shall execute and deliver an appropriate deed,
to be prepared by Husband's counsel in a fo~ satisfactory to
Wife conveying to Husband all of the Parties' right, title, claim
and interest in and to the Puerto Rico Property. Thereatter,
except as specifically set forth herein, Husband shall be the
sole owner of the Puerto Rico property and shall be entitled to
record said deed and take any action with respect thereto that he
deems appropriate.
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(2) Wife agrees that as of the date she
receives tho last payment due her pursuant to paragraph 5 (h)
below, that any and all homeowner's policy, title policies, and
any other policy ot insurance with respect to the Puerto Rico
Property shall be deemed to be endorsed to retlect Husband as
sole owner thereof and she further agrees that Husband shall be
entitled to receive any payments then or thereafter due under any
such insurance pOlicy.
(3) commencing on the execution date of this
Agreement, Husband shall be solely responsible for all costs,
expenses and liabilities associated with or attributable to the
Puerto Rico Property, regardless of when such cost or liability
arose; including, but not limited to, any mortgages, any and all
home equity loans or lines of credit, taxes, insurance premiums,
utilities, maintenance and repairs, and Husband shall.keep Wife
and her successors, assigns, heirs, executors and administrators
indemnified and held harmless from any liability, cost or
expense, including actual attorneys tees, which may be incurred
in connection with such liabilities and expenses or resulting
from Wife's ownership interest in the Puerto Rico Property.
(0) Furnlshlnas and personalty. The parties
agree that they have divided by agreement between themselves
their furnishings and personalty, inoluding all. furniture,
furnishings, antiques, jewelry, rugs, carpets, household
appliances and equipment. Any personalty or furnishings
remaining in the wife's current Residence as of the execution
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date of this Aqree~ent shall be and remain Wits's sole and
separate property, tree ot any and all right, title, claim or
interest o~ Husband. Any personalty or turnishings now located
in HUlband's current residence as or the execution date or this
Agree~ent shall be and remain Husband's sole and separate
property, free of any and all right, title, claim or interest of
wire.
(d) Motor Vebiolos.
(1) Husband agress that Wife shall retain
possession of and receive as her sole and separate property any
vehicles currently titled in her name, along with all rights
under any insurance policies thereon and with all responsibility
for payment of any outstanding indebtedness pertaining thereto
and insurance thereon, free of any and all right, title, claim or
interest of Husband.
(2) Wife agrees that Husband shall retain
possession of and receive as his sole and separate property any
vehicles currentlY titled in his name, along with all rights
under any insurance pOlicies thereon and with responsibility for
payment of any outstanding indebtedness pertaining thereto and
insurance thereon, tree of any and all right, title, claim or
interest ot Wite.
(e) Lite Xneuranee. Except as otherwise provided
in this agreement, Wife and Husband each hereby specifically
releases and waives any and all right, title, claim or interest
that he or she may have in and to any and all policies of
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insurance owned by the other including cash surrender value, if
any, and also .pecitically to includo a waiver of any beneticiary
designation thoreunder.
(1) Husband's Lito Insurance Obl!qation.
Notwithotanding ot tho above, Husband agrees to designate
Nicolle, as primary beneticiary on a life insurance policy or
policies insuring the life of Husband with a death benefit of at
least $100,000.00 until Nicolle graduates trom college, completes
a post high school educational program, or reaches the age ot 23,
whichever first occurs. For so long as Husband is bound
hereunder, he shall:
a. Promptly pay all premiums on said
policy or policies;
b. Not create any lien on, will not
pledge, or will not borrow against the policy or policies;
c. Not change the designation of
Nicolle as the primary beneficiary;
d. Submit to Wife within 30 days of
execution ot this agreement, documents evidencing that he is in
compliance with this subparagraph.
Furthermore, by executing this
agreement, Husband is authorizing the insurance company holding
said policy or policies to release information to Wife when
requested by Wife, of the current status of said policy or
policios. In addition, Husband shall direct sald insurance
companios to provide Wife with notification in the event that he
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defaults in paying the premiums or terminates said policy or
policies. In that event, Wife shall have the option but not the
obliqation of payinq said premiums or continuinq said life
insurance policy or policies. In that avent, Wife shall be
entitled to reimbursement from Husband of the amount paid toward
said policy or policies.
Should any of the policy or policies
provided for herein not be in full force and ettect for any
reason at the time ot Husband's death and should NiCOlle,
pursuant to this paragraph, be entitled to receive such proceeds,
then in BUch event, Nicolle shall be entitled to make a claim
against Husband's estate tor the amount of the proceeds which she
would have been entitled to receive if the policy or policies had
been in full force and effect. Nothing in this paragraph,
however, shall relieve Husband of his obligation to maintain the
policy or policies as provided for herein.
(2) _itc's Lifo Insurance Obllaation. Wife
aqrees to desiqnate Nicolle, as primary beneficiary on a life
insurance policy or policies insuring the life of Wife with a
death benefit of at least $50,000.00 until Nicolle qraduates from
college, completes a post hiqh school educational program, or
reaches the aqe of 23, whichever first occurs. For so lonq as
Wife is bound hereunder, she shall:
8. Promptly pay all premiums on said
policy or policies:
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b. Not ore ate any lien on, will not
p1odg&, or will not borrow against the policy or polioiesl
o. Not chango the designation ot
Nicolle as the primary benetioiarYI
d. Submit to Husband within 30 days of
execution of this agreem9nt, documents evidencing that she is in
oomplianoe with this subparagraph.
Furthermore, by executing thia
agreement, wife is authorizing the insurance company holding said
policy or policies to release information to Husband when
requested by Husband, of the current status of said policy or
policies. In addition, wife shall direct said insurance
companies to provide Husband with notitication in the event that
she defaults in paying the premiums or terminates said policy or
policies. In that event, Huaband shall have the option but not
the obligation of making said premium payments or oontinuing said
life insurance pOlicy or policies. In that event, Husband shall
be entitled to re~ursement trom wite of the amount paid toward
said policy or policies.
Should any of the policy or policies
provided tor herein not be in full force and effect for any
reason at the time of wife's death and should Nicolle, pursuant
to this paragraph, be entitled to receive such proceeds, then in
such event, Nicolle shall be entitled to make a claim against
Wife's estate for the amount of the proceedS which she would have
been entitled to receive if the policy or policies had been in
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full force and effect. Nothing in this paragraph, howGver, shall
reliove wife of her obligation to maintain the pOlicy or policies
as provided tor herein.
(l) Pension and Retirement Senefits. Wife and
~usband oach hereby specifically releases and waives any and all
right, title, claim or interest that he or she may have in and to
any and all retirement benefits (including but not limited to
pension or profit sharing benetits, deferred compensation plans,
401(kl plans, employee savings and thrift plans, individual
rotiremont accounts or other similar benefits) of the other
party, specificallY to include a waiver of any spousal annuity
benefits and/or beneficiary designations thereunder. The parties
agree that they shall execute any documents pursuant to the
Retirement Equity Act or any similar act that may be required
from time to time to accomplis~ the purposes of this
subparagraph.
(9) Cash Accounts. stoc~s and Investments.
(1) Wife agrees that Husband shall retain as
his sole and separate property, free from any and all right,
title, claim or interest of Wife, any and all stocks, bonds,
investments, sums of cash in savings or checking accounts, mutual
funds, stock accounts, or any other assets of a similar nature
which now are titled in Husband'S name alone.
(2) Husband agrees that wife shall retain as
her sole and separate property, free from any and all right,
title, claim or interest of Husband, any.and all stocks, bonds,
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investments, sums ot cash in savings or checking accounts, mutual
funds, stock accounts, or any other assets ot a similar natura
which now are titled in Wite's name alone.
(h) Miscellaneous PrODertv. As ot the execution
date ot this Agreement, any and all property not specifically
addressed herein shall be owned by the party to whom the property
is titled; and it untitled, the party in possession. This
A9ree~ent shall constitute a sufticient bill ot sale to evidence
the transfer of any and all rights in such property trom each to
the other.
(i) PaYment to wite. In consideration of wife's
waiver of all rights nrising from the marital relationship,
except as provided herein, Husband shall pay to Wite the sum of
$32,500.00 as follows:
(a) $10,000 on or betore Karch 31, 19981
(b) $ 5,000 on or betore Karch 31, 19991
(0) $ 5,000 on or before March 31, 20001
(d) $ 5,000 on or betore March 31, 20011
(e) $ 5,000 on or betore March 31, 2002: and
(f) $ 2,500 on or betore March 31, 2003.
(j) Pro!:lertv to wite. The parties agree that
wife shall own, posses., and enjoy, free from any claim of
Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to
wife all such property, and waives and relinquiShes any and all
rights thereto, together with any insurance policies covering
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that property; and any escrow accounts relating" to that property.
This Agreement shall constitute Q sutficient bill of salo to
Qvidence the transfer of an~ and all rights in such property tram
Husband to Wife.
(k) Pro\:lertv to HUBban4. The parties agree that
Husband shall own, possess, and enjoy, free from any claim of
wife, the property awarded to him by the terms of this Agreement.
Wite hereby quitclaims, assigns and conveys to Husband all such
property, and waives and relinquishes any and all rights thereto,
together with any insurance policies covering that property, and
any escrow accounts relating to that property. This Agre~ent
shall constitute a sufticient bill of sale to evidence the
transfer of any and all rights in such property from Wife to
Husband.
(1) Assumotion of Enoumbrances."
Unless otherwise provided herein, each party
hereby assumes the debts, encumbrances, taxes and liens on all
the property each will hold subsequent to the effective date of
this Agreement. Each party agrees to indemnify and hold harmless
the other party and his or her property from any claim or
liability that the other party will suffer or may be required to
pay because ot the debts, encumbrances or liens assumed by the
other pursuant to this Agreement.
(m) Liabilitv Not Listed. Each party represents
and warrants to the other that he or she has not incurred any
debt, obligation or other liability, other than those described
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in this Agreement, on which the other party is or may be liable.
A liability not disclosed in-this Agreement will be the 801e
responsibility of the paL~y who has incurred or may hereafter
incur it, and such party agrees to pay it as the same sh&ll
become due, and to indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations
and liabilities.
(n) Indemnification cf Wife. If any claim,
action or proceeding is hereaftQr initiated seeking to hold Wite
liable tor the debts or obligations assumed by Husband under this
Agree~ent, Husband will, at his sole expense, defend Wife against
any such claim, action or proceeding, whether or not well-
founded, and indemnify her and- her property against any damages
or lOBS resulting therefrom, including, but not limited to, costs
of court and actual attorney's fees incurred by wife in
connection therewith.
(0) Indvlll"Uication of Husband. . If any claim,
aotion or proceeding is hereafter initiated seeking to hold
Husband liable for the debts or obligations assumed by Wife under
this Agreement, Wife will, at her sole expense, defend Husband
against any such Claim, action or proceeding, whether or not
well-founded, and indemnify him and his property against any
d~ages or 10s8 resulting therefrom, including, but not limited
to, costs of court and aotual attorney's "tees incurred by Husband
in connection therewith.
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(p) Warranty as to Future ObliqstionB. Husband
and Wife each represents and warrants to the other that he or she
will not at any time in the future incur or contract any debt,
charge or liability for which the othor, the other's legal
representatives, property or estate may be responsible. From
the date of exocution ot this Agreement, each party shall use
only those credit cards and accounts for "which that party is
individually liable and the parties agree to cooperate in closing
any remaining accounts which provide for joint liability. Each
party hereby agrees to indemnify, save and hold the other and his
or her property harmless from any liability, "loss, cost or
expense whatsoever, including attorneys fees, incurred in the
event of breach hereof.
6. WAIVER OP ALIMONY. Husband and Wife hereby
expressly waive, discharge and release any and all rights and
olaims which he or she may have now or hereafter by reason of the
parties' marriage to alimony, alimony Dendente ~, support
and/or maintenance or other like benefits resulting from the
parties' status as husband and wife. The parties further release
and waive any rights they may have to seek modification of the
terms of this paragraph in a court of law or equity, it being
understood that the foregoing constitutes a final determination
for all time of either party's obligation to contribute to the
support and maintenance of the other.
7. COUNSBL PRES. COSTS AND BXPBN8BB. Bach party
shall be solely responsible for his or her own legal fees, costs
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and expenses incurred in connection with their separation and/or
the dissolution of their marriage, and the preparation and
execution of this Agreement.
(a) Le~al CUsto~v. Legal custody shall be shared
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by the parties.
(b) Na10rit1 phvsieal custodY. Wife ~hall have
majority physical custody of the parties minor child, Nicolle.
Ce) Partial Physical CUstodY. Husband shall have
liberal rights of partial physical custody of Nicolle as the
parties may agree, however, in no event shall Husband have
less than two partial physical custody periods with Nicolle per
year. Husband shall be responsible for providing transportation
for Nicolle during said partial physical custody periods.
However, Wife will equally share the costs of said transportation
for one such visit per year. Moreover, the parties both
acknowledge that Nicolle is not old enough to travel, by any
means, without escort. Accordingly, until such time as the
parties agree that Nicolle is old enough to travel without
escort, Husband shall escort Nicolle during such travel.
Cd) Order. The parties acknowledge that as this
agreement is to be incorporated and not merged into a final
decree in divorce, that these custody prOVisions shall have the
same force and effect as well as the same remedies for failure to
comply with said provisions as a full court order.
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9. CHILD SUPPORT. commencing with the execution date
of this agreement, Husband shall pay to Wite as and tor child
support tor Nicolle the sum of $800.00 per month. Said payment
shall be due on the first ot each and every month. The parties
agree that the child support shall be governed by the
Pennsylvania Unitorm Support guidelines and thus, shall be
modifiable pursuant to Pennsylvania Law. Moreover, Husband
agreeo that should he default in payment ot this child support
obligation that Wife shall be entitled to enforce this obligation
throuqh the Domestic Relations Office ot the Court of Common
Pleas ot cumberland county, pennsylvania and obtain a wage
attachment tor the payment of said tunds. In addition, husband
shall continue to provide medical insurance coverage through his
employer for Nicolle. Moreover, Husband shall rei~urse Wife for
60% ot any of Nicolle's unreimbursed medical expenses as that
term is defined by Pa.R.C.P. 1910.16-5 (p).
10. COLLBGB AccOUNTJUGMA ACCOUNT. Simultaneously with
the execution of this agreement, Husband shall provide to Wite
the sum ot $15,000.00 Which Wife shall immediately place into the
Pennsylvania Tuition Account Program tor Nicolle'S benefit. Wife
shall provide Husband with documentation evidencing that the
$15,000.00 was placed in the tuition account program on Nicolle's
behalt within thirty (30) days of the date of execution of this
agreement. Both parties shall be entitled to contribute to said
account in the future as he/she may see tit. However, the
parties acknowledge that this account shall be utilized solely by
19
17Z'd
~IW~31 ~113 ~l~~l
[S:Bl .!.661-ge-1JO
Nicolle for college expenses and/or post high school educational
expenses.
In addition, Husband shall simultaneously with the
execution of this agreement provide Wife with the sum of
$5,000.00 which wife shall immediately place into a uniform Gift
to Minor's Act ("UGHA") account in Nicolle's name with Wife as
trustee. Wife shall provide documentation to Husband evidencing
that such sums were placed into the UGMA account within thirty
(30) days of e~ecution of this agreement. Thereafter, commencing
on December 30, 1998 and on December 30, every year thereafter
until Nicolle reaches the age of 18, Husband shall deposit
$l,OOQ.oo into the UGMA account. The parties acknowledge that
the primary purpose of said UGMA account will be to pay Nicolle's
college or post high school educational expenses. However,
should Nicolle choose not to attend college or any other post
high school educational program, then said funds shall become
Nicolle's sole and separate property on her 18th birthday.
11. Wl\J:WR OF IRHBRITANCB RIGB'l'S. Unless otherwise
specifically provided in this Agreement, as of the execution date
of this Agreement, Husband and wito each waives all rights of
inheritance in the estate of the other, any right to elect to
take against the will or any trust of the other or in which the
other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of
their marriage, except the rights saved or created by the terms
ot this Agreement. This waiver shall be construed generally and
20
~'d
"l:lNJW~l ~H3 ~l~l
[S:Bl .!.661-ge-1JO
.'
shall include, but not be limited to, a waiver of all rights
provided under the laws ot pennsylvania, or any other
jurisdiction, and shall include all rights under the Pennsylvania
Divorce Code.
.12. DIVBR OJ' BBNBrICIARY DESIOllA'fIOIf. Unless
otherwise specifically set torth in this Agreement, each party
hereto specifically waives any and all benefioiary rights and any
and all rights as a surviving spouse in and to any asset, benefit
or like program carrying a beneficiary designation which belongs
to the other party under the terms of this Agreement, includinq,
but not limited to, pensions and retirement plans of any sort or
nature, deferred compensation plans, lite insuranoe policies,
annuities, stock accounts, bank accounts, final pay checks or any
other post-death distribution scheme, and each party ~xpressly
states that it is his and her intention to revuke by the terms of
this Agreement any beneticiary designations naminq the other
which are in. effect as of the date of execution of this
Agreement. If and in the event the other party oontinues to be
named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of
the deceased par~y.
13 . RBLIlASB 01' CLAIHS.
(a) Wife and Husband acknowledge and agree that
the property dispositions provided for herein constitute an
equitable distribution ot their assets and liabilities pursuant
to 53502 of the Divorce Code, and Wife and Husband h~reby waive
21
any right to division of their property except as provided for in
this Agreement. Furthermore, except as otherwise provided for in
this Agreement, each ot the parties hereby specifically waives,
releases, renounces and torever abandons any claim, right, title
or interest whatsoGver he or she may have in property transferred
to the other party pursuant to this ~greement or identified in
this Agreement as belonging to the other party, and each party
agrees never to assert any claim to said property.or proceeds in
the tQture. However, neither party is released or discharged
from any obligation under this Agreement or any instrument or
document executed pursuant to this Agreement. Husband and Wife
shall hereafter own and enjoy independently of.any claim or right
of the other, all items of personal property, tangible or
intangible, acquired by him or her trom the execution date of
this Agreement with full power in him or her to dispose of the
same fully and etfectively for all purposes.
(b) Each party hereby absolutely and
unconditionally releases and forever discharges the other and the
estate of the other for all purposes from any and ali rights and
obligations which either party may have or at any time hereafter
has for past, present or future support or maintenance, alimony
nendente lite, alimony, equitable distribution, counsel fees,
costs, expenses, and any other right or obligation, economic or
otherwise, whether arising out of the marital relationship or
otherwise, including all rights and benefita under the
Pennsylvania Divorce code of 1980, its supplements and
22
l7S:Bl
.
..
amendments, as well as under any other law of any other
jurisdiction, except and only oxcept all righto and obltgations
arising under this Agreement or for the breach of any ot its
provisions. Neither party shall have any obligation to the other
not expressly set torth herein.
(c) Except as set torth in. this Agreement, each
party hereby absolutoly and unconditionally releasos and forever
discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all
rights, claims, demands or Obligations arising out of or by
virtuQ of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any
former or future acts, contracts, engagements or liabilities of
the other or by way of dower, curtesy, widow's or widower's
rights, family exemption or similar allowance, or under the
intestate laws or the right to take against the spouse's will, or
the right to treat a lifetime conveyance by the other as
testamentary or all other rights ot a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of
the united states, or any other country.
(d) Except for the obligations of the parties
contained in this Agreement and such rights as are expressly
reserved herein, each party gives to the other by the execution
of this Agreement an absolute and unconditional release and
23
R?',-l
""kJNIW~r:lI SI-l'l113 ~15/'oA:l~1
17~:Rl I~t-g?-I]o
discharge trom all causes of action, claims, rights or demands
whatsoever in law or in equity, which either party ever had or
now has against the other.
14. PRllSBRV]\.'l'IOll 01' JUl:CORDB. Each party will keep and
preserve for a period ot tour (4) years trom the date of their
divorce decree all financial records relating to the marital
ostate, and each party will allow the other party access to those
records in the event ot ta~ audits.
15. HOnII'IeA'l'ION. No moditication, resoission, or
amendment to this Agreement shall be etfective unless in writing
signed by each of the parti&s hereto.
16. SEVERABILITY. It any provision of this Agreement
is held by II oourt ot competent juriSdiction to be void, invalid
or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full torce and etfect
without being impaired or invalidated in any way.
17. BJUI::l\CK. If either party hereto breaches any
provision hereof, the other party shall have the right, at his or
her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The
non-breaching party shall be entitled to recover from the
breaching party all costs, expenses and legal tees actually
incurred in the enforcement of the rights of the non-breaching
party.
24
-.-JNIWI-FlI ~~II'l I-liISNI.RU C;C;:Al
r
.
18. lIJ\:rv1!R OJ' BREACH. The waiver by one party of any
breach of this Agreement by the other party will not be deemed a
waiver of any other breach or any provision of this Agreement.
19. ~OTXCR. Any notice to be given under this
Agreement by either party to the other shall be in writing and
may be etfected by registered or certified mail, return receipt
requested. Notice to Husband will be sufticient if mada or
addressed to the following:
Luis B. Crespo
10344 s.W. 20th street
Kirmar, FL 33334
and to Wife, if made or addressed to the following:
Kellie K. Crespo
1465 Hillcrest court, Apt. 607
camp Hill, PA 17011
Notice shall be deemed to have occurred upon the date received by
the recipient. Each party may change the address for notice to
him or her by giving notice of that change in accordance with the
provisions of this paragraph.
20. JlPPLXCABLB ~.. All acts contemplated by this
Agreement shall be construed and enforced under the substantive
laws of the commonwealth of pennsylvania (without regard to the
conflict of law rules applicable in Pennsylvania) in effect as of
the date ot execution of this Agreement.
21. DATH OF BXBCUTION. The "date of execution" or
"execution date" of this Agreement shall be defined as the date
upon which the parties signed the Agreement if they do so on the
same date, or if not on the same date, then the date on which the
25
0>:'d
-WI~31 S~1l3 ~l~l
SS:81 .!.661-9Z-1:xJ
.,
-
Agreement was signed by the last party to execute this Agreement.
22. IrrECTIVB DATB. This Agreement shall become
effective and binding upon both parties on the execution date.
23. srJ'JlC'l' OJ' RECOllCILIl\'1'ION. coIlADX'fATIOH OR DXVOROK.
This Agreement .shall remain in tull force and offect and shall
not be abrogated even if the parties effect a reconciliation,
cohabit as husband and wife or attempt to effeot a
reconciliation. This Agreement also shall continue in full force
and effect in the event ot the parties' divorce. There shall be
no moditication or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement
or any term of this Agreement to be null and void.
24. JlBAI)D1GB NOT PART OJ' AGRBEKEN'r. Any headings
prece1ing the text ot the several paragraphs and subparagraphs
hereof are inserted solely tor convenience of reference and shall
not constitute a part of this ~greement nor shall they aftect its
meaning, construction or etfect.
25. AGRBlU<<ENT BINDING ON PMTIES AND DIRS. This
Agreement shall bind the parties hereto and their respective
heirs, executors, adMinistrators, legal representati~es, assigns,
and Buccessors in any interest of the parties.
26. BR'l'IRB AGRBEKB!!'1'. Each party acknowledges that he
or she has carefully read this Agreement, including any and all
exhibits, or other documents to which it refers, such other
docucents being incorporated herein by reference I that he or she
has discussed its prOVisions with an attorney of his or her own
26
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-WI~31 SM3113 ~lSNU~l
9S:8t IAAI-CJ,:-I:xl
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choice, and has executed it voluntarily and in reliance upon his
or her own attorneYJ and that this instrument expresses the
entire a~reement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements
between the parties. This Agreement should be interpreted tairly
and simply, and not strictly tor or against either of the
parties.
27. MUTUAL COOPERATIOIl. Each party shall, on demand,
execute and deliver to the other any deeds, bills of sale,
assignments, consents to ohange of beneficiary designations, tax
returns, and other doouments, and shall do or cause to be done
every other act or thing that may be necessary or desirable to
effectuate the provisions and purposes of. this Agreement. . If
either party unreasonably fails on demand to comply with these
provisions, that party shall pay to the other party all
attorney's fees, costs, and other expenses actually inourred as a
result of such failure.
28. AORHIUOlMT NOT TO SS MBRGBD. This Agreement may be
incorporated into a decree of divorce for purposes of entorcement
only, but otherwise shall not be merged into said decree. The
parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain
any remedies in law or in equity under this Agreement as an
independent contract. Such remedies in law or equity are
specifically not waived or released.
27
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COMM~ OF Jn~:~~kn.
COUNT'l OF _th Je
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BEFORE HE, the undersigned authority, on this day personally
appeared LUIS B. CRESPO, known to me to be the person who
exeouted the foregoing instrument, and who acknowledged to me
that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31A. day of
()J v~ev , 1997/7 .
/
My commission expires:
29
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~ (1IIpJ" '1'1
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BEFORE ME, the undersigned author! ty, on this day personally
appeared KELLIB K. CRESPO, known to me to be the person llho
executed the foregoinq instrument, and who acknoWledged to me
that she e~ecuted same tor the purposes and considerations
therein expressed.
GIVEN ONDER'MY BAND AND SEAL OF OFFICE this ~ day of
Novem ne( , 1997.
My
Notary Public, n an
commonwealth of P
Typed
30
~ - ...
I
LUIS B, CRESPO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs,
NUMBER: 97-1699 CIVIL TERM
KELLIE M, CRESPO,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following
information, to the court for entry of an appropriate divorce
decree:
1, Ground for divorce: Irretrievable breakdown under
~3301(c) of the Divorce Code, (Strike out inapplicable section).
2, Date and manner of service of complaint: February 8,
1997, by certified mail,
3, Complete either paragraph (a) or (b):
required
9, 1997;
(a) (1) Date
by ~3301 (c) of
by defendant:
consent
December
of execution of the affidavit of
the Divorce Code: by plaintiff:
November 24, 1997,
(a) (2) Date of execution of the Waiver of Notice of
Intention required by ~3301(c) of the Divorce Code: by
plaintiff: December 9, 1997; by defendant: November 24, 1997,
(b) (1) Date of execution of the affidavit required by
~3301(d) of the Divorce Code:
(b) (2) Date of filing and service of the plaintiff's
affidavit upon the respondent:
4, Related Claims Pending: NONE,
5, Complete either (a) or (b):
(a) Date and manner of service of the notice of
intention to file praecipe to transmit record, a copy of which is
attached:
(b) Date plaintiff's Waiver of Notice in 93301(c)
Divorce was filed with the prothonotary: December 12, 1997,
Date defendant's Waiver of Notice in 93301(c)
Divorce was filed with the prothonotary: December 8, 1997,
~-4rAU
C LES E. PETRIE
ATTORNEY FOR PLAINTIFF
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LUIS B, CRESPO,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS of
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER: 97-1699 CIVIL TERM
IN DIVORCE
KELLIE M, CRESPO,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(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, g 49 4 relating to unsworn
falsification to authorities,
Date:
9 :Dee- /9'7 '7
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LUIS B. CRESPO,
PLAINTIFF
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUIS B. CRESPO, )
Plaintiff )
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v. ) NO. 97-1699 CIVIL TERM
)
KELLIE M. CRESPO, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
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WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(ol 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:~ fl}vv q-r
g~M.~,.C.fe"d."t
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER: 97-1699 CIVIL TERM
./
LUIS B, CRESPO,
Plaintiff
KELLIE M, CRESPO,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
CHARLES E, PETRIE, Esquire, being duly sworn according to
law, deposes and states that he served a true and correct copy of
the NOTICE TO DEFEND AND CLAIM RIGHTS, COMPLAINT IN DIVORCE and
COUNSELING NOTICE, upon KELLIE M. CRESPO, defendant in the above-
captioned matter, by mailing a true and correct copy of same by
U,S, Certified Mail, return receipt requested, Article Number P
199 806 958, postage prepaid, on February 6, 1997, to the
following address:
Name: Kellie M, Crespo
Address: 1465 Hillcrest Court, Camp Hill, PA 17011
Defendant personally received said documents on February 8,
1997, as evidenced by her signature on the certified mail return
receipt card which is attached hereto and marked Exhibit "A".
I verify that the statements in the foregoing Affidavit are
true and correct, I understand that false statements herein are
made subject to the penalties of 18 Pa,C,S, Section 4904,
relating to unsworn falsification to authorities,
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C RLES E, PETRIE
ATTORNEY FOR PLAINTIFF
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Kelli H. Crespo
1465 Hillcrest Court
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2. IJI R..lrlcted O.llvery
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LUIS B. CRESPO,
Plaintiff
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IN THE COURT OF COMMON P~ASo
CAMERON COUNTY, PENNSYIV~. IA5
CIVIL ACTION - LAW 1 =: ~
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NUMBER: 17.. Jjv-q, , ;~ ;:;
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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.
KELLIE M. CRESPO,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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, Cameron County Courthouse, Emporium,
PA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
DAVID J. REED, PROTHONOTARY
CAMERON COUNTY COURTHOUSE
EMPORIUM, PA 15834
(814) 486-3355
True 811t! (.OIf(;(., C;uPV
certified from the
Records of Cameron Co,
Penna
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LUIS B. CRESPO,
Plaintiff
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IN THE COURT' OF COMMON PLEAS
CAMERON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
97- tJflj I I ;n
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COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE:
KELLIE M. CRESPO,
Defendant
NUMBER:
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IN DIVORCE
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1. Plaintiff is LUIS B. CRESPO,
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who currently res~de~ a.~
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since September,. ]99S. ~
PSC 3, Box 1529, APO AA 34003, Panama,
2. Defendant is KELLIE M. CRESPO, who currently resides at
1465 Hillcrest Court, Camp Hill, County of Cumberland,
Pennsylvania, since August, 1996,
3. Defendant 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 9,
1990, in the County of Prince William, Virginia,
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
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.
True E'.'!d (."" d,. c.'JrI'
certified from the
RBcords of Cameron Co.
Penna,
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 hereinJa(ij m~e ~~
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subject to the penalties of 18 Pa.C,S. ~ 4904 relating .0 :\1ns~rni.~;::l
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LUIS B. ciEsp , i. i'" '- ~
PLAINTIFF -
Date: .:zt! 7Jf-AJ/977
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CHARLES E. PETRIE
3528 Brisban street
Harrisburg, PA 17111
(717) 561-1939
ATTORNEY FOR PLAINTIFF
True and Cu,;,,~l Copy
certified from th&
Records 01 C8meron Co.
Penna.
~~~
LUIS B. CRESPO,
Plaintiff
7IA. (/7,/(' 19 f!.,v<) {.fr--
IN THE COURT OF COMMON PLEAS
CAMERON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: ti1-
:>1
KELLIE M. CRESPO,
Defendant
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NOTICE
If you wish to deny
affidavit, you must file
after this affidavit has
will be admitted.
AFFIDAVIT UNDER SECTION 3301 (d) OF THE DrvORCE CODE
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any of the statements set forth ~n:thik3
a counter-affidavit wIthin twenty days"
been served on you or the statemen~6 ~
1. The parties to this action separated in September,
1993, and have continued to live separate and apart for a period
of at least two years,
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
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LUIS . CRESPO, /
PLAINTIFF
Date: -'9 J"J<f.u q 7
!r\.;c, '..le! vUIil.;', C;opy
ct:rtitlGd 110m the
ii<~cords of Cameron Co,
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LUIS B. CRESPO,
Plaintiff
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IN THE COURT' OF COMMON PLEAS
CAMERON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUNBER:
-
KELLIE M. CRESPO,
Defendant
IN DIVORCE
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I, Plaintiff herein, do hereby depose and .say that ;1 am ~ :->;0
advised and believe that the above named Defendant is ndt '":: N .,,:n
presently in the active military service of th~ United atates'uf ~~
America and I aver that the Defendant is not a member of tOe ~y~g
of the United States, United States Navy, the Marine Corps, or 0
the Coast Guard, and is not an officer of the Public Health
Service detailed by proper authority for duty with the Army or
Navy; nor i.s Defendant engaged in any military or Navy units
covered by the Soldiers and Sailors Civil Relief Act of 1940 and
designated therein as military service; nor has Defendant, to the
best of my knowledge, enlisted in the military service covered by
this act.
AFFIDAVIT OF NON-MILITARY SERVICE
This Affidavit is made under the provisions of the Soldiers
and Sailors Civil Relief Act of 1940.
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. Section 4904, relating to
unsworn falsification to authorities. .
~ 1 :TY.jN )99 'l
DATE
~~ G--- J.J
LUIS B. CRESPO, (
PLAINTIFF
True "no ;';ud~~i Copy
certified from the
Record::: 01 Cameron Co.
P€nn3.
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LUIS B. CRESPO,
plaintiff
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) No. 97-484
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)
. /
/
KELLIE H. CRESPO,
Defendant
CIVIL ACTION LAW
IN DIVORCE
PRELIMINARY OBJECTION TO COMPLAINT IN DIVORCE
FOR IMPROPER VENUB
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AND NOW, comes the Defendant, in the above7captioned'.acti.9n,-~;:f.
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Kellie H. crespo, by and through her counsel, Howett, Kis~inq!!l:' &;:::
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Hiles, P.C., and files this Preliminary Objection to complainf2in)~
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Divorce on February 25, 1997, and in support thereof states' as_;o
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follows:
1. plaintiff, Luis B. Crespo (hereinafter referred to as
"Husband"), is an adult individual with a mailing address of PSC,
3, Box 1529, APO AA 34003, Panama.
2. Defendant, Kellie M. Crespo (hereinafter referred to as
"Wife"), is an adult individual who resides at 1465 Hillcrest
Court, Apartment 607, camp Hill, cumberland county, Pennsylvania,
17011.
3. The parties were married on November 9, 1990 in the state
of virginia, and separated in July 1996.
4. On January, 31, 1997, Husband filed a Complaint in Divorce
in Cameron County.
5. Neither party resides in Cameron county, Pennsylvania
6. The venue rules governing actions for divorce at Pa.R.C.P.
True and1~lio't~ ~ide as follows:
certifiEd from the
Rec,)rds 01 Cameron Co.
PGTlna.
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(a) The action, except a claim for custody, may be
brought only in the county
(1) in which the plaintiff or the defendant
resides, or
(2) upon which the parties have agreed
(i) in a writing which. shall be attached
to the complaint, or
(ii) by participating in the proceeding.
(b) The record shall establish compliance with the
venue requirement of subdivision (a) prior to the entry
of the decree.
(c) Notwithstanding any agreement of the parties,
if neither the plaintiff or the defendant has resided in
the county at any time during the pendency of the action,
the court, upon its own motion and for its own
convenience, may transfer the action to the appropriate
court of any other county where the action originally
could have been brought.
7. Cumberland County is the only county in
which a party, the Wife, to this action resides.
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8. Accordingly, venue is improper in Cameron county andCthe .;
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action should be transferred to Cumberland County, PennsylvanI~.
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WHEREFORE, Defendant Kellie M. Crespo respectfully requ!,!sts:-'::
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this Honorable Court to grant her Preliminary Objections and
transfer this action to Cumberland County, Pennsylvania and Order
Plaintiff to pay all costs and Court related fees associated with
the transfer of docket, pleadings, and any other court related
filings to Cumberland County's Prothonotary's Office.
Respectfully submitted,
Date: rJ't Fd/- 9'"l
onley, Esqu'
HOWETT, ISSINGER & M LES, P.C.
130 Walnut street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Defendant/
Petitioner Kellie M. crespo
True and GUI'''.';' (,uiJ>'
cortifi6d from tile
Records 01 Cameron Co,
Penna.
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VERIFICATION
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) CIVIL ACTION
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IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA
LUIS B. CRESPO,
Plaintiff
ORDER
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KELLIE M. CRESPO,
Defendant
AND NOW, this
5+>-
day of
M,q,ec~
, 1997 it is
hereby ORDERED, ADJUDGED and DECREED as follows:
1. Defendant's Preliminary Obj ection is granted and this
action is transferred to Cumberland County, Pennsylvania.
2. Plaintiff shall pay all costs and Court related fees
associated with the transfer of docket, pleadings, and any other
court related filings to Cumberland County's Prothonotary's Office.
BY
HE COURT:
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True E/ld -:..uil....:.' Copy
certified from tho
Records of Cameron Co.
Penna
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DAVID J. REED
omce: 814/48lh:l349
omce: 814/488-3355
FAX: 814/486-0484
mvorCJI:
PROTHONOTARY
REGISTER Of WIUS
RECORDER Of DEEDS
CLERK OF TllI! COURTS
TOI CHARLES E. PETRIE. ESQ.
3528 8risban Street
Harrisburg, PA 17111
DATKI March 5, 1997
DESCRIPTrON OP PILINGI
Transfer fees for Case 0 97-484 as per Order of Court dated
March 5, 1997
$25.00
RE: Luis B. Crespo
vs.
Kellie M. Crespo
AMOUNT DUE $ 25.00
PLEASE PAY VITIIIN 10 DAYS. 'IIW<< YOU.
ilt; '. '_' (",,1,,;', Copy
"",nil/t,O fr~Pita It 277J
':,,, r.ords oj Garneron (j(),
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MTHY LEWIS
MARY GRACE WHITING
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUIS B. CRESPO, )
plaintiff )
)
v. ) NO, 97-1699 CIVIL TERM
)
KELLIE M. CRESPO, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
f
. I
I
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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Courthouse
Court Administrator, 4th Floor
1 Courthouse Square
Carlisle, PA 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required
by law to comply with the Americans with Disabilities Act of
1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office, All arrangements
must be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUIS B. CRESPO, )
Plaintiff )
)
v. ) NO. 97-1699 CIVIL TERM
)
KELLIE M. CRESPO, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
PETITION RAISING MARITAL CLAIMS
AND NOW, comes Defendant, Kellie M. Crespo, by and through
her counsel, Howett, Kissinger and Miles, P.c., and files this
Petition Raising Marital Claims and in support thereof states as
follows:
1. Plaintiff is Luis B. Crespo, an adult individual
with a mailing address of PSC 2, Box 1529 APOAA 34003 Panama
2. Defendant is Kellie M. Crespo, an adult individual
who currently resides at 1465 Hillcrest court, Apartment 607,
camp Hill, Cumberland County, Pennsylvania, 17011,
3. plaintiff and Defendant were married on November 9,
1990 and separated in July 1996,
4. A Complaint for Divorce was filed by Plaintiff on
January 31, 1997 in Cameron county, Pennsylvania, The divorce
action was transferred by Cameron county to Cumberland County on
April 2, 1997.
5. Defendant hereby raises the following marital
claims:
COUNT I - ALIMONY AND ALIMONY PENDENTE LITE
6. The foregoing paragraphs of this Petition are
incorporated herein as if set forth at length,
7. Defendant lacks sufficient property to provide for
her reasonable means and is unable to support herself through
appropriate employment and requires reasonable support to
adequately maintain herself in accordance with the standard of
living established during the marriage,
8. Defendant is unable to sustain herself during the
course of this litigation.
WHEREFORE, Defendant requests the Court to enter an award of
reasonable temporary alimony until final hearing and permanently
thereafter.
COUNT II - COUNSEL FEES, EXPENSES AND COSTS OF SUIT
9. The foregoing paragraphs of this Petition are
incorporated herein as if set forth at length.
10. Defendant has retained an attorney to defend her
in this action and has agreed to pay her a reasonable fee.
11. Defendant has incurred and will incur costs and
expenses in defending this action,
12. Defendant is not financially able to meet either
the expenses and costs of defending this action or the fees to
which her attorney will be er.titled in this case,
WHEREFORE, Defendant requests the Court to enter an award of
interim counsel fees, costs and expenses until final hearing and
thereupon award such additional counsel fees, costs and expenses
as deemed appropriate.
COUNT III - EQUITABLE DISTRIBUTION
13. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
14. Plaintiff and Defendant have legally and
beneficially acquired property, both real and personal, during
their marriage, which property is "marital property."
WHEREFORE, Defendant requests the Court to equitably
divide all marital property.
COUNT IV - CUSTODY
15. The prior paragraphs of this Petition are
incorporated herein as if set forth at length.
16. Defendant seeks custody of the following child:
~ Address
Date of Birth
Nicolle Michelle Crespo 1465 Hillcrest Court
Apartment 607,
Camp Hill,
Cumberland County,
Pennsylvania 17011
November lB, 1994.
17. The child was not born out of wedlock, The child
is presently in the custody of Defendant who resides at 1465
Hillcrest Court, Apartment 607, Camp Hill, Cumberland County,
Pennsylvania, 17011.
18. During the past five years the child has resided
with the following persons and at the following addresses:
Date
Address
Person(s)
August 1996
to present
1465 Hillcrest Court
Apartment 607
Camp Hill, Pa. 17011
Defendant
March 1996
through
July 1996
317 Downes Grove
Columbia, S.C.
Defendant, maternal-
grandmother
January 1995
through
February 1996
5411 Anderson Court
Ft. Polk, Louisiana
Defendant, Plaintiff
on a periodic basis
November 1994
through
December 1994
317 Downes Grove
Columbia S.C.
Defendant, maternal-
grandmother
19. The mother of the child is the Defendant currently
residing at 1465 Hillcrest Court, Apartment 607, Camp Hill,
Cumberland County, Pennsylvania, 17011.
20. The Defendant is married.
21. The Father of the child is the Plaintiff with a
current mailing address of PSC 2, Box 1529 APOAA 34003 Panama.
22. The Plaintiff is married.
23. The relationship of the Plaintiff to the child is
that of Father. The Plaintiff currently resides with the
following persons:
Name Relationship
Maggie (last name unknown) girlfriend
24. The relationship of the Defendant to the child is
that of Mother. The Defendant currently resides with the
following persons:
Name Relationship
Nicolle Michelle Crespo daughter
25. Defendant has not participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of the child in this or another Court,
26. Defendant has no information of a custody
proceeding concerning the child pending in a Court of this
Commonwealth.
27. Defendant does not know of a person not a party to
the proceeding who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LUIS B. CRESPO, )
Plaintiff )
)
v. ) NO. 97-1699 CIVIL TERM
)
KELLIE M. CRESPO, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
CERTIFICATE OF SERVICE
I, cindy S. Conley, Esquire, counsel for Kellie M. Crespo,
Defendant in the above-captioned action, hereby certify that a
true and correct copy of the foregoing Petition Raising Marital
Claims was served upon Charles E. Petrie, Esquire, counsel for
Plaintiff, Luis B. Crespo, by depositing same in the united
States mail, first class, on April 15, 1997, addressed as
follows:
Charles E. Petrie
3528 E. Brisban Street
Harrisburg, PA 17111
Date: /~()fX,f /797-
.t:.
Cindy S. C nley, Esqu' e
HOWETT, KISSINGER & ILES, P.C.
130 Walnut Street
P,O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Defendant,
Kellie M. crespo