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HomeMy WebLinkAbout03-0154GINA M. PADILLA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. NO. 2003- /-"~/ CIVIL TERM ALFRED L. PADILLA, 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 GINA M. PADILLA, Plaintiff ALFRED L. PADILLA, Defendant IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY PENNSYLVANIA · NO. 2003- /5~/ CIVIL TERM · IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Defendant, Alfred L. Padilla, Pennsylvania 17013. Plaintiff, Gina M. Padilla, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Gina M. Padilla, is an adult individual residing at 1069 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2 is an adult individual residing at 1069 Rockledge Drive, 3 The parties were married on June 1, 1974 in Perry County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 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. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. L ndsay ~. Baird, E q Attorne~'for the Pla ntiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. Gila M. Padilla, Plaintiff GINA M. PADILLA, Plaintiff VS. ALFRED L. PADILLA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003-154 CIVIL TERM : : IN DIVORCE TO: DATE: PRAECIPE TO ENTER APPEARANCE Prothonotary Please enter my appearance on behalf of the above-named Defendant. GRIFFIE & ASSOCIATES ~V;; dNYo ~'hFI~ ~Gnroe lvlea~ ~ Carlisle, PA 17013 (717) 243-5551 IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF PENNA. GINA M. PADIT.TA, Plaintiff VERSUS ALFRED L. PADITJ~, N O. 2003-154 AND NOW, DECREED THAT DECrEe IN DIVORCE GINA M. PADIT.T.A IT IS ORDERED AND , PLAINTIFF, anD ALFRED L. PADIT.TA , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDiCTiON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD. il~l THiS ACTION FOR WHICH A FINAL ORDER HAS NOT ----. YET BEEN ENTERED; The property settlement agreement is incorporated but not me_rged into the decree. ATT e S~ PROTHONOTARY THIS IS AN AGREEMENT made this/~9/~day of March, 2003, by and between Gina M. Padilla, of 1069 Rockledge Drive, Carlisle, Cumbel'land County, Pennsylvania, (hereinafter tel;erred to as Wife) and Alfi'ed L. Padilla, of the same address, (hereinafter referred to as Husband). WHEREAS, Husband and Wife were married on June 1, 1974, in Perry County, Pelmsylvania; and WHEREAS, various differences have arisen between Husband and Wife, whereby they will be living separate and apart; and WHEREAS, the parties have agreed to maintain separate and pemlanent domiciles and to live apart fi'om each other; and WHEREAS, the parties desire to enter into all amicable settlement to provide l'br ali of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel tees, equitable distribution, and ali other rights and obligations under the Divorce Code of ! 980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, fbr and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals lbrm a part of this Agreement and waive ally right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided tbr herein and agree as follows: 1. SEPARATION. The parties agree that it shall be lawful l-hr each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, Ii'om time-to-time, choose or deem fit. Each party shall be fi'ee l¥om interference, authority or contact by the other, as fully as if he or she were single and unman'ied, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peacethl existence, separate and apart, fi'om the other. 2. REAL ESTATE. Husband and Wife own the residence located at 1069 Rockledge Drive, Carlisle, PA. The residence presently has an outstanding mortgage with Members I st Federal Credit Union number 51420 with a balance of $8,042.00. Said balance will be paid in thll in March 2003 with each party contributing one-half: Wife shall pay to Husband $40,000.00 in settlement of his equity in the marital residence, wife shall be solely responsible fbr all mortgage or home equity loan payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the residence. Wife shall indenmify and hold Husband harmless fi'om any liability, claims, causes of action, suits, or litigation fbr money owed, damages, indirect or consequential, including legal tees, arising out of fhilure of Wife to so pay such liens and encumbrances. Husband waives any rights, title and interest he has in the residence. 3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and possession of the 1991 Toyota Camry. Husband shall have as his sole and exclusive property, title to and possession of the camper, the 1990 Chevrolet Suburban, the 1987 Toyota Celica and the 1992 Toyota Corolla. Each party shall indemnify and hold the other harmless fi'om and liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 4. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal items. After the afbresaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party fbrever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 5. PENSION/RETIREMENT PLANS/MUTUAL FUNDS. Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement plans and on the mutual fund investment. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. 6. COLLEGE TUITION. Husband shall pay the parties' daughter, Claudia's, college tuition for the year 2003-2004. Wif~ shall contribute to the daughter's living expenses as needed. 7. CREDIT CARDS/DEBTS. The parties shall keep their Visa and Bon-Ton credit cards. The parties represent and wmTant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable, ii'om date of separation forward. Neither party shall contract nor incur any debt or liability i*br which the other or his/her property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. 8. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 9. EFFECTIVE DATE. Tile effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10. DIVORCE. A divorce action was initiated and filed at docket number 2003-154 Civil Term in the Court of Common Pleas of Cumberland County on January 9, 2003. Both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c ) of the Divorce Code including waiver of all rights to, request Court ordered counseling. 1 1. INCORPORATION INTO DECREE. Should a decree, judgment 02' order of separation or divorce be obtained by either of the parties in this or any other state, country, 02' jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgrnent and to be tbrever binding and conclusive upon the parties. 12. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, tbr all time to come, and for ali purposes whatsoever, from ally and all rights, title and interest, or clailns in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytlme hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any tbrmer acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or 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 or other rights of the 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 or any right which either party may now have or at anytime hereafter have tbr past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or fbr the breach of any provision thel'eot: It is the intention of Husband and Wile to give to each other by the execution of this Agreement a tull, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or tbr the breach of any provision thereof. 13. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the tull and sole responsibility tbr legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other tbr such costs or tees. 14. ADDITIONAL INSTRUMENTS. Each of the panics shall, ti'om time-to-tilne, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonable required to give full force and effect to the provisions of this Agreement. 15. MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be eft-bctive only if made in writing and executed with the same fbrmality as this Agreelnent. The lhilure of either party to insist upon the strict pertbrmance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue tbr damages/hr such breach or seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible tbr payment of legal tees and costs incurred by the other in entbrcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 19. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken ti'om this Agreement, and, in all other respects, this Agreement shall be valid and continue in tull tbrce, effect and operation. 21. BINDING NATURE. Except as otherwise set t-brth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: na M. Padilla COMMONWEALTH OF PENNSYLVANIA : ~ SS: COUNTY OF CUMBERLAND : On this the ~ day of March, 2003, before me, Lindsay D. Baird, tile undersigned .personally appeared Gina~ M. Padilla, known to me (or satisfactorily proven) to be tile person whose name is subscribed to the within instrument, and acknowledged that she executed the same for tile purposes therein contained, Ill witness whereo£, I hereunto set my hand and official seal. ,,~otary PublicJ Notarial Seal Lind&ay D. Baird, Notary Public Carlisle Bom, Cumberland County My Commiss~o~ Expires Oct. 21, 2006 COMMONWEALTH OF PENNSYLVANIA · · SS.' COUNTY OF CUMBERLAND · n this the [~ day of March, .003, before me, the undersigned officer, personally appeared Alfred L. Padilla, kndwn to me (or satisfactorily proven) to be the person whose name is subs'criDe' d to the within instrument, and acknowledged that she executed the same fol' the purposes therein contained, In witness whereot; I hereunto set my hanl and official s?l. ('~',,~ I~1 f}tal'y Publ~/ L) Notarial Seal Karisa J. Lehman, Notary Public e Bo~o, Cumberland County [ Carlis! .... ,.~ ~.n 25 2003 LMY Commission ~-xl~ ........ · ' r~~ GINA M. PADILLA, Plaintiff ALFRED L. PADILLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2003 - 154 CIVIL TERM IN DIVORCE PRAEClPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Coud for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified U.S. mail, Return Receipt, Restricted Delivery, January 11, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: April 15, 2003 by Defendant: April 17, 2003. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 4/21/03. Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary:4/21/03. dsay Dare ird, Esquire L,'/ Attorney for the Pla~nbff