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HomeMy WebLinkAbout97-06090 n ~ Q ~ " l ~ " (/ n / I I i " ,,\.... :.;,: -:.:. .:.: -:.;,. .:~. ._**'~~*~*~'~*'*"~'~"~"~"~~"~'~'~"~'* ~ "~'--------~'" '-'~ ~. . ~: ~' ~; ~' ~l ~I .1 i ~, : I ~l ~I ~l ~l M' :\ "~I ~l ~! ~I ~\ ~\ ~ " ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND ~!t' STATE OF ~~~ JODE L. CORDERO, Plaintiff Vl'r.:-;llS NICOLAS J. CORDERO, Defendant PENNA. ~ (l. 97~6090 1997 DECREE IN DIVORCE ANDNOW",.,~",tf"J.., 19.<:t)., it is ordered and . . , , . . . , , , . . " plaintiff. . . , . , , . . , . '. defendant, decreed that. ... . . ..NIlE .1"Cl?R[)ERQ , . ., . , ,., . , . and, ... . . , ,. , , .. . . ., NICOLAS. J.. CORDERO. . , , ",. . . ' are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been en tered; ~ (]'\.Q ,f. ~ '!i. .~~*.~*.~.~~..~.~..~.~'~_.~.~.~..~..~~.~.~ ~ ~ ~ ~ ~ ~ ~ ~ a '1 ~I _'___U__'_ ?...;. .~. .~. .*. ,>>; . :rh.e. p.a.rtIe.s.'. sep.arat i.on. a,nd. . lnc?rp?rat,ed, hereIn and the o-#'-,/ J (~..-..~ ' ~ 9XrOlhonOlary ':<<. .it .~ ,~ ,~ , ' '~ ~ ~ ~ ~ ~ ~ . 8 . . * a I~ ... 8 . . I. ( 1* 1: ilj l~ I~ i.., )A I: :~ , ' I~ I. l~ ,',* ;~ " ~ ~ i~ 'j~ I ~ ~ ~ I,;}I? ,9) c).,/, ,~. ,,4t,,:../!/ ~ a4 &t-~'fr l.l f) ,0 "/1~., d" ~ /.L-// ,,~ IJI",i.~ ~ ""7' 11.;'/'/':1. // "'1/1/,1/1/',,,;;" ;!" ;'i' . . , (') ...0 ~ ,.. -. -~ ~ 7": -J ~, Pl' t.:;: "m . -,;1'1 .' ..0 jr.:J 'J,,:, .' ...., .a -~., J c ;'jl1l .' " :rl ~ r.- :..:.l .- .... currently owned by her or which she may own in the future; NOW, TlIEREFORE, the parties hereto intending to be legally bound hereby do hereby DUltually agree as follows: I. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do funher Bgree that it shall be lawful for the Husband and Wife Bt all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither pany shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Eslate Waiver. EKcept as otheJWise expressly set forth herein, in which event such express provision shall take precedence over this paragrBph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share sha!\ descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she hBd died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary hBd predeceased the testator. The parties funher agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sel~ convey, transfer or encumber any and BII real estBte and personBI property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant. each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shBII designate to be the anomey-in-fact for the other, in their nBme and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otheJWise, to enable either pBrty hereto to a6enate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. EBCh of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and fiduciaries Code, and any right to seek or have an equitable distnbution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other. PBY any expenses for maintenances, fimeral. buria~ or othernise for the other. and to that end each of the pBrties hereto does hereby waive any right to receive support, Blimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, ex~ BS otheJWise expressly provided for herein. 4. Division of Personal Property. a. The pBrties agree that the items of personal property which they presently have in their possession including the vehicles which they presently operate and utilize as their primary method of transportation shaD be the sole and exclusive property OfthBt party. Henceforth, each of the parties shan own, have and enjoy, independently of any claim or right of the other PBrty, BII items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fuJIy and effectually in all respects and for all purposes BS if he or she were unmarried. b. Personal effects. All items of personal effect wch as but not limited to jewelry. I r luggage, spons equipment. hobby collections and books but not including furniture or any other property, personBI or otherwise specifically disposed of pursuant to this agreement shall become the absolute BOd sole property of the party who has had the principal use thereof or to whom the propeny c, Automobiles. The panies Bgree that the Butomobiles that are presently in their , i I , t I I I was given Ilr for whom it was purchased, and each pany hereby surrenders any interest he or she may have in web tangible personal property ofthe other, respective possession shall become their individual property, Both pBnies agree that they will execute the appropriate documents to transfer title to the vehicles to the other party. .5, Debts, Husband agrees to asswne all marital debts. The panies agree to be responsible for their individual debts which are presently in their names, Husband agrees to indemnity Wife for any outstanding marital debts in the event of defBult by Husband, 6. Future Debts, The panies further agree that neither will incur any more future debts for which the other may be held liable, and if either pany incurs a debt for which the other will be liable, that party incurring web debt will indenmiJY BOd hold the other hannless from BOy and aD liability thereoC 7. Real Property. None. 8 Support. Alimony and AlimGny Pendente Lite. Wife and HusbBOd agree to waive BOy right they may have to Child Support, Spousal Support, Alimony or Alimony Pendente Lite from the other. 9. Pension. Each party BgreeS to waive any right they may have in the others pension or retirement plan, 10. Estate SettlemenL Husband acknowledges that Wife's FBther died four (4) months after separation of the parties and Husband is not entitl~'IIto any recovery or estate proceeds. Husband therefore waives any right to any recovery Wife may receive from settlement of the estate. II. Counsel .'ees and Court Coslll. '!be pBrties Bgree to be responsible for their respective legBI fees and court costs incurred in the process of any divorce action or separation agreement. II. Divorce, The pBrties Bcknowledge their intention and agreement to proceed in an action in divorce to ObtBin a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken. and to settle amicably and fully hereby all claims raised by either party in any divorce a~1ion. The parties agree to execute any and BIl docwnents neceSSBry for the entry of a final divorce decree. 12, Breach, In the event thBt either party breaches any provision of this Separation and Property Settlement Agreement, he or she shBIl be responsible for any and Bit costs incurred to enforce the terms hereo~ including, but not limited to. court costs and reasonable counsel fees of the other party. In the event of breach, the other pBrty shBIt hBve the right. Bt his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be Bvailable to him or her, 13, Enforcement. The parties Bgrce that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 14, Applicable Law and Execution. The parties hereto Bgree thBt this marital settlement Bgreement shBIt be construed under the IBWS of the Commonweahh of Pennsylvania and shall bind the pBrties hereto and their respective heirs, executors and Bssigns. This document shall be executed as n ",,> :) -.J , I ''') , I ," 't r: ') i'; " " : .. c;:; :(~ . T"<} "1 4,.1 :c.i ; .'") " .',rll " .. '._.J :'1 (::J ~.q -, -. JODE 1_ CORDERO, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA CIVIL ACTION NO. 97-6090 NICOLAS J. CORDERO, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation to the court for entry of a divorce decree: I. Grounds for divorce: irretrievable breakdown under 33&+te). 3301 (d)(l) of the Divorce Code, (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified Mail return receipt requested. restricted deliveJY made on November 6. 1997 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff ; by defendant (b) (I) Date ofexecution of the affidavit required by sec. 3301 (d) of the Divorce Code: November 13. 1997 ; (2) Date of filing and service of the plaintiff's affidavit upon the defendant November 14. 1997 4. Related claims pending: None ,. Completeeither(a)or(b). (a) Date and manner of service of the Notice oflntention to file Praecipe to transmit record, a copy of which is attached ~vember 20. 1997_ U.S. Mail. postage pre.paid. t r'; ~ ~) , - , ) , ~ .l4. -i -- '1', ~.... - ,':,~ ~ C- o..... ~ ~ ~ . 0 c::- " ) ~ ~~ ' . ., ~ , ~ ' , " ~ ::;...~ " . , '" ~ tt:. ~ I:, , . ~ !: ! " -C -0 ~ - t" ~- ::#';c__h.,,_._. . ;- ~.O . , ,j ! JODE L. CORDERO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. 97- ttJ?O CIVIL NICOLAS J. CORDERO, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECI'ION lJOI (C) OR lJOI (D) OF THE DIVORCE CODE AND NOW comes Jode L. Cordero, plaintiffherein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: I. Plaintiff is Jode L. Cordero, an adult individua~ currently residing at 259 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is NicolBS J. Cordero, an adult individuBI, currently residing at 32 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Plaintiff and Defendant are bonB fide residents of the Commonwealth of Pennsylvania and bBve been so for Btleast six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on December 20, 1978 in the stBte of Michigan. 5. There bave been no prior actions for divorce or Bnnulment between the parties. 6. The Plaintiffhas been advised of the BVBilability of marriBge counseling and tbe PlBintiff may bave the right to requ~~ that the Court require tbe parties to pBrticipate in counseling. Having ~ so advised Plaintiff does not desire the Court to order counseling. 7. 1'hlsmarriage is irretrievably broken. WHEREFORE, Plaintiffprays Your Honorable Court enter a decree in divorce, Respectfully submitted, l I) L.. 1/ ....J"~._( 1 ,(jt.....~\( cqu eM. Verney, Esquire 0 upreme Ct. 10. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERWICA 1'ION I verifY that the statements made in the foregoing divorce complaint are true and correct. I understand thBt false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 1//"I/Q1 Date I .. () ..0 9, f; -. - "i'l i"r'~ ::5 t-JC. ,.- ':~~ . . !. 'I] '- 'J. \l) ~.~~ ~.:.:~> ~ . ,'-'" i~: ~'.~; - L!Jl'n .. ~,'" " ,,.. ;,.. :;J -':1 .c- .... () (") ;,0 ("l G _J 'n -- :;J ..,.,.., "..'. [lji.7; ,~ r;i~ O'.- ...~ ~':; " ~J ~;~'; ,p :_1 ') .." i!:!j -'- ,.) ~., .. . '..C . . ~ (', - ('irn ~"C: .. ~J ~1 t:' :.LJ ..... J:'" .... JODE L. CORDERO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 97-6090 CIVIL TERM NICOLAS J. CORDERO, Defendant IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF TilE DIVORCE CODE I. Check either (B) or (b): (Af1 do not oppose the entry ora divorce decree. (b) I oppose the entry ofa divorce decree becBuse (Check (i),(ii) or both): (i) The parties to this Bction have not lived sepBrate and Bpart for a period of at least two yeBrs. (ii) The marriage is not irretrievably broken. 2. Check either (B) or (b): (~do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division or property, lawyer's fees or expenses if I do not claim them before B divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights, I verilY that the statements made in this counter-affidavit are true and correct. I understand that false stBtements herein are mBde subject to the penBlties of 18 PB. C.S. 0 4904 relating to unsworn falsification to authorities. DBte: /'1 ;1/0t! 1 7 ~- NICOLA . CORDERO NOTICE: If you do not wish to OPpo8C the fnlry of a divorce decree and you do not wish to make any claIm for economic relief, you need not file this counter-affidavit. . Illltl"''tJ ")1\1111'1' I. IS 'lIIAON'V'U 'j,." 11.11/0/,: j, 1/ ,.m,,!.wh.,,>/, ~ \ !llllllllJMVI . . . g .;;. I -' n .- J ~W c' n [n -. 'iq :~..lJ "J .~r- . r ,.i)"~ .. '2:, .~...... f:-::l.; " I_II j' -n ~n ).., .n [":!O ~.? ...,n p~ :.~1 ,. ~ r- ~J ..' ~ JODI: I.. CORDERO, Plaintiff IN TIlE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACfION - LAW NO. 97-6090 CIVIL TERM NICOLAS J. CORDERO, Defendant IN DIVORCE AFFIDA VIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.(a)(l)(iI) COMMONWEALTH Of PENNSYLVANIA : SS. COUNTY OF CUMBERLAND I, Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and says that she is the attorney for plaintiff, Jode L. Cordero, and that she did serve a true and correct copy of the Divorce Complaint that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the defendant, Nicolas J. Cordero, on November 6, 1997. The receipt limn is attached hereto as EXHIBIT "A". f. 1 ~ cqu ine M. Verney, Esquire 44 South HBnover Street Carlisle, PA 17013 (717) 243.9190 Sworn to and subscn'bed before me this / Lf't!a- day of ~".. f>R"L- . 1997. ~~ f2/,e"",-f&r:{ . -, NOtBl"'j Public Notarfal s.aJ Oeanne R. BenkeR, Notary PublIc Clrlllle BolO, Cumberllnd' County My Commllolon Explrea Sep!. 25, 1m bit, Innsy vlnll lOG ~on 01 Noblin I .~~t_alor__ ,.., . 1..IO_to'ICIl...... I :~:::=:-::nb~..~C. ~~l,lf=~l. ~~)M..:;rvtca~;_~.~~~:onr_ J . .=-II"",,"__od"onlho~JiL, . i;;vRH1rIctId DelIYe~ j .lhefW""RecllpI.IhowID.nom........~;;1; , ~ f 1& 3=~ 10: . ' . 4a.'~: ~umbe' " f/t'-DUg f. CaP-He.c /;/.!..:;j._S-'" <I' j 3 2- f tZ t III i. A- II 2. NUL 0 Rogl.torld !Y'Certlftld /J 0 Expr811 M..I 0 lnoured f ~l T . /+.. II Y :) f'.e. 1/11 G 5, r A- 0 ReIum RoceIplIor Mon:ItInd.. 0 COD 10 ,_ 7, Dal.o a1lv. .. ,,,,(),,~ l'il I IYId !lV: (Pt1nJl>l~l, A_B. Add, '. 'III (Only If 1IqUN/Id J I W\C.. S lev'" CJo.-IUO and lea Is paid) I B. Signa : (Add or AfIOIIl) .. X PS Fonn 102596-91.B.()179 [""1,6., ,;.l.