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HomeMy WebLinkAbout01-5857~'xm~b FIE L '~ ...... - · ~-~ ~Z,~LES Plaintiff IN THE COURT OF COMMOLI PLEAS OF GUMBERLANDCOUNTY PENNSYLVANIA ........ q~ .~, Z,~,L_~, JR. Defenchstn[ ,~.,;¢/© I CIVIL ACTION LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT If you wish to dolel~d ~t~m~is: u~? ;hfints st-! iorth in the fo!low~ng pages, you must take prompf action You nrc v.~unocl that if you fail to uo 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 olhe~ claim of 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. Wheiq file glou~qds for tile divo~ce rs indignities or irretrievable broakd©'.vr of',hz, n:amage yeurna', request marriage counseling. Alistof mnuhz:go ;csur',::;Ior as avaiJab!o i~ the Office ef the P~othonotaW Cuint)erlaf~d County CoutthouLo I Courthouse Square. Carlisle Pennsylvania 17013 IF '/GU 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'~'~,,,hL~'~' "~"~.~' ~,,,," GET LEGAL HELP Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 Tho Court of Common PIcas of Ctarnhorlan(! CeLmt,,, comply vvitb the Ar'nericans with Disabilities Act of 1990. Fo~ ilqforr~/ation accessible facilities and reasonable accommodations avnilabio to rJJsab]ocl having business before the court, please contact our office· Allarrangen.3onts m,_mt!sc made at least 72 hours prior to any bearing or business before the court. You r'rlust attend the scheduled conference or bearing. Plaintiff PEDRO R. GONZALES JR. Deiendant ~.~ THE ~,.~U~., OF~''~'~' ~'~,,'' [~i ~-o ~ CUMBERLAND COUNTY PENNS~LVAN!& NO 2001 CIVIL ACTION LAW IN DIVORCE COMPLAINT IN DIVORGF AND NOW comes the Plaintiff Kristie L. Gonzales. by and through her atiomeys Wix VVor~!jer& Weidner and files the within Complaint agamst the Count I - Under Section 3301(c) and 3301(d) of the Divorce Code Plaintiff is Kristie L. Gonzalos. an adult individual who currenliy resides ~t 504 Sp~intff~ouse Road. Camp Hill CtHllbor'Jal~d County Por~risTiv~inja 17)11 Plaintiff hasiive~a~sa~daddressslnceAugusl i 1991 2 Defendant is Pedro R. GonzaJes, Jr., an adult individual v, ho currently resides at 2311 North Front Street, Apt. 821. Harrisburg, Dauphin Couniy, Pennsylvania 17110 Defendant has lived al said address since November4 2000 3 Plainliff and Defendant have been a bona tide residents of the Comn~onwoalth of Pennsylvania for al least six months previous 1o tine filing of this Com/)Jaint 4 The Plaintiff and Defendant were married on December 30. 1988 in Camp Hill. Pennsylvania 5 The Plaintitl and Delendant are berth citizens oi lhe Unito~l Sta~os of America and are not mombois el tho Aimed Fo~ces. 6. There have been no prior actions of divorce or for' anl~ulment belween the parties in this or any other jurisdiction. 7. This action is not collusive. 8. Plaintiff has been advised of the availabiliiy of counseling and understands lhat she may have lhe right 1o request that lhe Court require the par~ies 1o participate in counseling. 9. The mamage Is ulelrievably broken WHEREFORE. Plainliif requosts this Honorable Cou~t to enter a Decree ol Divorce pursuanl to Section 3301(c) or Section 3301(d) of the Pennsylvania Divorce Code ol 1980, as amended (the "Divorce Code"). reference 10. Count II - Equitable Distribution Paragraphs 1 through 9 hereof are incorporated herein by 11 During the marriage. Plaintiff and Defendant have acquired various items of marital property, both real and personal which are subject to equitabre distribution under Section 3501 of the Divorce Code. 12 Plaintiff and Defendant have been ~.!nablo to ag~eo '~s t,~ equitable division of said properly to tho (late of the filing of this Con~plaim. substantial portions of said property are in the exclusive control of Defendant. WHEREFORE. Plaintiff requests this Honorable Court to enter for Equitable Distribution pursuant to Section 3501 of the Divorce Code Respoctlully submitted. WIX WENGER&WEIDNER By: David R. Getz, Esquire Attorney I.D. #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 0845 /717) 234-4182 Attorney for Plaintiff DATED: October 2001 I. Kristie L. Gonzales. Plaintiff in the foregoing Complaint have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowleclge, information and belief I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may s~bject me to the penalties of 18 Pa C.S.A Section 4-904. relating to unsworn falsification to autt~orities. Kristie L. Gonzales, Plaintiff DATED: ~: ,2001 KRISTIE L. GONZALES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001 - ,.~',5' '7 PEDRO R. GONZALES, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fodh 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 of 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 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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, PA 17013 Telephone: (717) 249-3166 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. KRISTIE L. GONZALES, Plaintiff PEDRO R. GONZALES, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 CIVIL ACTION - Law IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Kristie L. Gonzales, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I - Under Rection .".1:~01(.c) nnd :~:~01(.d) of the Divorce Code 1. Plaintiff is Kristie L. Gonzales, an adult individual who currently resides at 504 Springhouse Road, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff has lived at said address since August 1, 1991. 2. Defendant is Pedro R. Gonzales, Jr., an adult individual who currently resides at 2311 North Front Street, Apt. 821, Harrisburg, Dauphin County, Pennsylvania 17110. Defendant has lived at said address since November 4, 2000. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 30, 1988 in Camp Hill, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Forces. 6. There have been no prior actions of divome or for annulment between the parties in this or any other jurisdiction. 7. This action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that she may have the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (c) or Section 3301 (d) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code"). reference. 10. Count II - EquitAble Distribution Paragraphs 1 through 9 hereof are incorporated herein by 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint, and substantial portions of said property are in the exclusive control of Defendant. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree for Equitable Distribution pursuant to Section 3501 of the Divorce Code. Respectfully submitted, WiX, WENGER & WEIDNER David R. Getz, Esquire~ Attorney I.D. #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff DATED: October ~ , 2001 I, Kristie L. Gonzales, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Kri~i~ ~. Gonzales, Plaint~'ff DATED: ,~/-~ ! ,2001 KRISTIE L. GONZALES; Plaintiff VS. PEDRO R. GONZALES, JR. Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5857 : : CIVIL ACTION - LAW : IN DIVORCE ~,FFIDAVlT OF ~F:RVI(~E I, Karen S. Carter, Secretary in the law firm of Wix, Wenger, & Weidner, P.C., hereby certify that on October 16, 2001, I sent a true and correct copy of the Complaint in Divorce, properly endorsed, to Defendant, Pedro R. Gonzales, Jr., by Certified Mail, Restricted Delivery, No. 7099 3400 0002 2086 9326, postage prepaid, restricted delivery, return receipt requested, to 2311 North Front Street, Apt. 821, Harrisburg, PA 17110, the Defendant's last known address; and that the Defendant received the Complaint in Divorce on October 18, 2001, pursuant to the return receipt card, which is attached hereto and marked Exhibit A. WiX, WENGER & WEIDNER Attorneys for Plaintiff Legal Secretary 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Sworn to and ,s. ubscribed before me this~'''~-,~, day of October, 2001. Notary Public (sMY Commission Expires:EAL) I~ ~m~ ;July !," 2°°~0~I.ISA R. ROWE, I~tm~ Pu~icof..H~n~_, I~T,~RIA[ SEA[D&U¢_~ County l EXHIBIT "A" MARITAL R;1-1'LI~MI=NT A~RI~I~MI~NT ~jj.~ THIS MARITAL SETTLEMENT AGREEMENT ("Agreement") is made this~-,x~, day of /~c,f .2003, between Kristie L. Gonzales (hereinafter called "Wife"), of Camp Hill, Cumberland County, Pennsylvania, and Pedr?~:l. Gonzales, Jr. (hereinafter called "Husband"), of Fort Worth, Texas. RECITALS: ¢': ,' r R-1. The parties hereto are wife and husband, having be~tTtarr~on December 30, 1988 in Camp Hill, Pennsylvania. R-2. There are three children of the parties, namely: Jonathan A. Gonzales (born on June 12, 1990), Amanda M. Gonzales (born on February 28, 1992), and Madison A. Gonzales (born on August 14, 1997) (hereinafter referred to collectively as the "Children"). R-3. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since on or before November 4, 2000 (the "Separation Date"), and intend to do so for the rest of their natural lives; and the parties hereto are desirous of settling fully and finally their respective personal, financial and property rights and obligations as between each other, and of settling child support, spousal support, alimony, alimony pendente lite rights, child custody and visitation, including without limitation: (a) The settling of all matters between them relating to the ownership of real and personal property; (b) The settling of all matters between them relating to the past, present and future support, and maintenance of Wife by Husband; (c) The settling of all matters between them relating to support, custody and visitation of the Children; and (d) In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the above recitals and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Wife and Husband, each INTENDING TO BE LEGALLY BOUND hereby, covenant and agree as follows: 1. ~. The above recitals are incorporated by reference as if set forth fully herein. 2. ,,,°~a,o. arz~JD~. It shall be lawful for Husband and Wife t~) live separate and apart from each other and to reside from time to time at such place or places, as each shall respectively deem fit. 3. Divorce. It is specifically understood and agreed by and between the parties hereto, and each of the said parties does hereby warrant and represent to the other that Wife filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, on October 10, 2001 filed to Docket Number 2001-5857, on the grounds that the marriage is irretrievably broken. Husband and Wife hereby agree that each of them will sign any and all consents, affidavits, agreements and other documents and take other such actions necessary to finalize said divorce as soon as possible. 4. LP.~. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Wife has been represented by David R. Getz, Esquire. Husband has been represented by Meianie L. Erb, Esquire. Each party acknowledges that she or he each has read this Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and 2 all financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal rights and obligations by counsel, or has waived the right to do so and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. ~. Each party shall be free from all control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment, which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 6. ~. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. The parties confirm that each has relied upon the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 7. Narne~. It is understood that the terms "Husband" and "Wife" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purpose for their use and are not dependent on their marital status with each other. (a) ~. The parties agree that they have already divided all of their furniture. All of the furniture in Wife's possession belongs to Wife. All of the furniture in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the furniture in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the furniture in Husband's possession. (b) Other Pemnnal Properly.. The parties agree that they have already divided all of their other personal property. All of the personal property in Wife's possession belongs to Wife. All of the personal property in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the property in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the property in Husband's possession. 9. BeaJ_~. Husband and Wife do not own any real property. 10. Di~tributic~n of Other A~t.~ (a) B~ The parties agree that Husband had, as of the Separation Date, a 401(k) Plan with Harrisburg Hotel Corporation ("Husband's 4 Retirement Savings"). Husband's Retirement Savings had an approximate value of $10,577.20. Husband has since cashed in Husband's Retirement Savings. Husband agrees to pay Wife one-half of the value of Husband's Retirement Savings as set forth in paragraph 10(g) hereof. The parties agree that Wife has no individual retirement accounts, annuities and/or pension plans. (b) ~. Husband and Wife have already divided their jointly held bank accounts. Further, the parties have each opened separate bank accounts. Husband and Wife both waive any interest in one another's bank accounts or to any increase, interest, or income therein. (c) ~. (1) Husband is the owner of a1988 Chevrolet Corvette and a 1999 Ford Explorer ("Husband's Vehicles"). Wife waives any interest she has in the Husband's Vehicles and Wife further agrees not to request any financial compensation regarding Husband's Vehicles. Husband agrees not to hold Wife responsible for any financial debt regarding Husband's Vehicles. (2) Wife is the owner of a 1996 Chevrolet Lumina APV minivan ("Wife's Vehicle"). Husband waives any interest he has in the Wife's Vehicle and Husband further agrees not to request any financial compensation regarding Wife's Vehicle. Wife agrees not to hold Husband responsible for any financial debt regarding Wife's Vehicle. (3) The parties agree that from the date of this Agreement forward, they will each insure their respective vehicles at their own expense. (4) Wife was the owner of a Chevrolet Blazer (the "Blazer"). Wife permitted Husband to take the Blazer provided that Husband paid Wife $118.00 per month on the outstanding debt of $5,000.00. The parties signed 5 an agreement on Mamh 13, 2002 confirming this agreement. Husband has subsequently traded in the Blazer on another vehicle. Husband has not made the payments as promised, and owes Wife $4,800.00. Husband therefore agrees to repay Wife for the Blazer as provided in paragraph 10(g) hereof. (e) ~. Husband and Wife each have life insurance policies, as follows: (1) Husband is the owner of a life policy or policies in the face amount of $ J~/~-~(-')l ~ .00 on the life of Husband. Husband shall name the Children or a trust for the benefit of the Children as beneficiaries of said insurance policy at least until all of the Children reach the age of twenty-two (22). (2) Husband's parents are the owners of life insurance policies on the lives of Husband and Wife. Husband's parents are the beneficiaries of said insurance policies. (f) After-Acquired Properly. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he or she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date. (g) J~~. Husband owes Wife approximately $10,088.60, which represents one-half of Husband's Retirement Savings of $5,288.60, and the remaining balance on the Blazer of $4,800.00. Husband agrees to pay Wife a total of $9,600.00 in equitable distribution as payment in full for these obligations. Husband agrees to pay Wife $800.00 per month for twelve months beginning the month after the court enters the decree in divorce. Husband agrees that said 6 payments shall be wage attached if permitted by the Court of Common Pleas of Cumberland County. After the divome is finalized, Wife agrees to reqUest that the court eliminate the spousal support portion of the Order as defined herein, and add $800.00 per month for twelve months as equitable distribution beginning the month after the court enters the decree in divorce, if the court does not permit equitable distribution to be added to the Order, Husband agrees to pay Wife equitable distribution in the amount of $800.00 per month, $400.00 on the tenth day of each month and $400.00 on the twenty-fifth day of each month, beginning the month after the court enters the decree in divorce. Provided that Husband makes all payments when due as set forth herein, Wife agrees to accept $9,600.00 as payment in full of the equitable distribution. 11. Taxes. Husband and Wife will file separate tax returns for 2003 and future years. Wife shall be entitled to claim the Children as her dependents on all tax returns filed for 2003 and future years. Husband and Wife will each pay their own personal (non-real estate) taxes. 12. ~. The parties have disclosed their respective annual incomes to one another. In consideration of the other provisions of this Agreement, Wife agrees to waive alimony. 13. ~upp~rt of the Children. Husband and Wife agree to the following provisions regarding support of the Children: (a) Husband and Wife are parties to an Order of Court dated July 10, 2002, filed to Cumberland County docket number 1044 S 2000 (the "Order"). The Order relates to child support and spousal support. After the divorce is finalized, Wife agrees to request that the court eliminate the spousal support portion of the Order and retain the child support portion of the Order of $1,617.00 per month beginning the 7 month after the court enters the decree in divome. All other aspects of the Order shall remain in full force and effect. (b) C_~. The parties agree and understand that it is their intention for the Children to attend college. The parties intend that the Children will apply for scholarships, financial aid and work-study programs in accordance with each of the Children's abilities. Husband and Wife agree to share in college expenses as each of them is able. 14. Custod.v (3f the Children. Husband and Wife have reached agreement concerning the custody the Children, which agreement was entered as an order of Court on August 28, 2001 to Cumberland County Civil Action Number 2001- 2268 Civil Term. 15. Madk alJ su :c . (a) Husband and Wife shall each be responsible for their own medical insurance coverage after the date that the decree in divorce is entered. (b) Husband shall provide medical insurance coverage for the Children until each child reaches such age or status as to be ineligible for coverage under Husband's medical insurance plan. 16. (a). Marital Debt. During the course of the marriage, and before the date of this Agreement, Husband and Wife have incurred various debts, bills, and obligations. Husband and Wife agree that, as of the Separation Date, the marital debt, with the exception of the debt for the Blazer, has been paid in full ("Marital Debt"). Husband and Wife represent to one another that there are no other outstanding debts, bills or obligations for which the parties are jointly responsible other than the Marital Debt. 8 17. ~. Wife represents and warrants to Husband that she has not since the date of separation and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him or his estate by reason of debts or obligations incurred by Wife after the date of this Agreement, including costs and counsel fees appertaining thereto. 18. J:[~J3Ja:u;[~J~. Husband represents and warrants to Wife that he has not since the date of separation and in the future will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her or her estate by reason of debts or obligations incurred by Husband after the date of this Agreement, including costs and counsel fees appertaining thereto. 19. L~. Husband hereby agrees to be responsible for Husband's legal fees, costs and related expenses. Wife hereby agrees to be responsible for Wife's legal fees, costs and related expenses. 20. E~:yJ3~aLj.j~~. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds new exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be granted, but shall continue in full fome and effect, notwithstanding the granting of any such decree. This Agreement shall be incorporated by reference but shall not be merged into the final decree in divorce. 21. ~. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all 9 rights, titles and interests or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he has, or at any time hereafter, may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagement or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance, or under 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 of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of: (a) Pennsylvania; (b) any State, Commonwealth or territory of the United States; or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, except as provided herein, 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 for the breach of any provisions hereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full, complete and general release with respect to any and ail 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, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is expressly understood, however, that neither the provision of this release nor the subsequent entry of a divome decree are intended (i) to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named 10 beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), or (ii) to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior to or subsequent to this Agreement, or (iii) to defeat the right of either party to receive any benefits under the Social Security Act or other similar federal or state laws. 22. ~. Husband and Wife agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings, which from time to time may become necessary to effectuate the intent of this Agreement. 23. Ez~r3_A~. Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enfomed or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or prevision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This agreement supersedes any and all prior written or oral agreements between the parties. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 24. Nonw~iver of Perform~ncR. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the 11 provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. Invalidity.. 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 from this Agreement, and in all other respects, this Agreement shall be valid and continue in full fome, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 27. .GDY.~. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 28. Succ~{3r.~ in Intem.~t Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, or assigns. [LEFT INTENTIONALLY BLANK] 12 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: WITNESS: WIFE: Krist~e L. Gonzales HUSBAND: Pedro R. G(~nza[~s~ Jrt- 13 COMMONWEALTH OF PENNSYLVANIA : : SS.: COUNTY OF O~0~ ii',.[ : On this, the )~ day of ~ zJ 2003, before me, a Notary Public, the undersigned officer, personally app(~ared Kristie L. Gonzales, known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that she executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Not~'y~Pubiic My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~.'~u.'a"/~,~) SS.: Den. ise B ,wIIllamson, Notary Public Mamsourg, Dauphin County My Commissloe Explre~ May 1, 2004 On this, the~;~'~4 day of --'~Y'4-F' 2003, before me, a Notary Public, the undersigned officer, personally appeared Pedro R. Gonzales, Jr., known to me (or satisfactorily proven) to be the person whose name is signed to the foregoing instrument and acknowledged that he executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal, Notaryl~ublic~ 2 / / My Commission Expires: .- J--~/?'~---<- (SEAL) j'-'- ,. NotariaJ Seal ILMy c°rnmissio. Expires j.., F:~rg',3196 - Gonzales, Kristie L\I 1127 - Domestic Relations\Documents\Gonzales Marital Settlement Agreement,doc 14 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KRISTIE L. GONZALES; Plaintiff VS, PEDRO R. GONZALES, JR. Defendant NO. 2001-5857 CIVIL ACTION - LAW DIVORCE AFFIDAVIT ~3F C~3NfiI~NT AND WAIVER ElF COUN~ELINI~ 1. A Complaint in Divome under Section 3301(c) of the Divome filed on October 1,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of the Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Kri~ L. Gonzaies, Plaintiff COURT Of COMMON PLEAS Of CUMBERLAND COUNTY KRISTIE L. GONZALES; Plaintiff VS. PEDRO R. GONZALES, JR. Defendant NO. 2001-5857 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 1,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of the Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Pedro R. Gonzales~r., D~fendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KRISTIE L. GONZALES; Plaintiff VS. PEDRO R. GONZALES, JR. Defendant NO. 2001-5857 CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUI=~T I=NTRY OF A DIVORCE DECREE UNDER OF THE OlVORC~ COOF 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 falsifica.~ to authorities. Kris~ie L. Gonzales, Plaintiff Dated: ~/-~/0.~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KRISTIE L. GONZALES; Plaintiff VS. PEDRO R. GONZALES, JR. Defendant NO. 2001-5857 CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO R;OUEST r2( OF TH~ DIVORC~ COOF ,:- I consent to the ent~ 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 falsificaJJqa.s to autbc~r, ities. _ Dated: ~-Io~-~) ~-00 ~) Pedro R. Gonzales, Jr.,~efer~qla~t KRISTIE L. GONZALES S.S. No. 179-44-9391, Plaintiff VS. PEDRO R. GONZALES, JR. S.S. No. 451-47-6944, Defendant : NO. 2001-5857 : : : CIVIL ACTION- LAW IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAFCIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for e -~ of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c) 3301{d)(I)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: October 16~ 2001 by certified mail, rP..~tricted d~live~, served on Defe. ndant. Affidavit of Service filed on October 23. Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff ~; by Defendant (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: N/A. 4. Related claims pending: None. o 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: N/A. (b) Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: ~. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: ~. The attached Marital Settlement Agreement ("MSA") is to be incorporated by reference but not merged into the final Decree in Divorce (see Paragraph 20 of MSA). Wix, Wenger & Weidner David R. Getz, Esquire ~ ,~' Attorney for ( X ) Plaintiff ( ) Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KRISTIE L. GONZALES, Plaintiff VERSUS PEDRO R. GONZALES, JR. Defendant NO. 2001 5857 DecReE IN DIVORCE AND N OW, ~~L~ DECREED THAT Kristie L. Gonzales , 2003 , IT IS ORDERED AND , PLAINTIFF, ANd Pedro R. Gonzales, Jr. , DEFENDANT, ArE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WhiCh HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDEr HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement is incorporated herein by reference but not merged into the Decree in .D~iv~ // ATTEST: ~PROTHONOTA~'