HomeMy WebLinkAbout00-07885
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '*' PENNA.
RUTH ANN LOPEZ
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Versus
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DECREE IN
D I V 0 R C E it q ',1,7 f/A.
AND NOW, .~.. .~~... .... .. . ,"'2001.., it is ordered and
decreed that .... Ruth. Mn. wpez. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. plaintiff,
and . . . Ri5==.hP..rp' fl." .Ip~2j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 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; None. The parties have executed a Marriage Settlement
Agreement dated May 21, 2001, which Agreement has been filed of record at
.~~E; .~th~r:."E;~.~I)-C!.I)-~J;'c .'.'I.l'~.~~s:j1.fl.gr~~t. ~P. ~!l~?~F!3.:t~. .in .thi.s..,
final Decree in Divorce but is not merged herein.
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MARRIAGE SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this '"2- \ - day of "^'- ~ ,2001,
by and between RUTH ANN LOPEZ, of Lower Allen Township, Cumberland County,
Pennsylvania, hereinafter referred to as "Wife", and RICHARD A. LOPEZ, of Hampden
Township, Cumberland County, Pennsylvania, hereinafter referred to as "Husband."
WITNESSETH:
WHEREAS, Husband and Wife were married on June 1, 1968, in Del City,
Oklahoma, and separated from each other on or about the 27'h day of January, 1999; and,
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they are living separate and apart from each other; and
WHEREAS, Husband and Wife have made a full disclosure of their assets to each
other; and,
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations with respect to each other, including the disposition and distribution of property
rights and interests, as well as spousal support and alimony,
NOW, THEREFORE, the parties intending to be legally bound hereby, do covenant
and agree:
1. SEPARATION. It shall be lawful for each party at all times hereafter to
continue to live separate and apart from the other party at such places as he or she may
from time to time choose or deem fit. The foregoing provisions shall not be taken as an
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admission on the part of either party of the lawfulness or unlawfulness of the causes
leading to their living apart.
2. INTERFERENCE. Each party shall be free from interference, authority, and
contact by the other, as fully as if he or she were single and unmarried 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 peaceful
existence, separate and apart from the other.
3. WIFE'S DEBTS. Wife represents and warrants to Husband that since the
separation she has not and in the future she 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 by reason of
debts and obligations incurred by the Wife prior to the date of the delivery of this
Agreement, and all further debts incurred by the Wife from and after the date of delivery
hereof, shall be the Wife's individual responsibility.
4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that
since the separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnify and save
harmless Husband from any and all claims or demands made against her by reason of
debts and obligations incurred by the Husband prior to the date of the delivery of this
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Agreement, and all further debts incurred by the Husband from and after the date of
delivery hereof, shall be the Husband's individual responsibility.
5. JOINT DEBTS. The parties acknowledge that they have incurred a
number of items of joint indebtedness. Those items of joint indebtedness which represent
liens upon the marital home of the parties are separately treated in a subsequent
paragraph entitled "REAL PROPERTY:' Those items of joint indebtedness of the parties
which are in the form of charge accounts or credit card accounts, namely: a Lowe's charge
account, an MBNAlAmerica charge account, a MasterCard account, and an AT&T charge
account, shall, in consideration of the terms and conditions setforth in this Agreement, be
paid solely and exclusively by Wife and she does hereby agree to indemnify and hold
harmless Husband from any further liability or responsibility with regard thereto.
6. MUTUAL RELEASE. Subject to the provisions of this Agreement, each
party has released and discharged, and by this Agreement does for himself or herself, and
his or her heirs, legal representatives, executors, administrators, and assigns, release and
discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, which either of the parties ever had or now has against the
other, except any or all cause or causes of action for divorce and except for any or all
causes of action for breach of any provision of this Agreement.
7. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree
that they have made a full and complete disclosure to the other of all information pertaining
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to the parties' separate and marital property owned, possessed and/or controlled by the
other at the time of the separation of the parties.
8. DIVISION OF PERSONAL PROPERTY. The parties have agreed upon
the division of those tangible items of personal property which they have acquired during
the course of their marriage. Husband agrees that those items of tangible personal
property set forth upon a five-page handwritten list, prepared by Wife, attached hereto,
identified as Exhibit A, and incorporated herein by reference, shall be and become the sole
and separate property of Wife (with the exception of: Ryan's postcard collection, three
graduation pictures of the children, old sofa in the family room, and a TV converter box).
Husband agrees that he shall permit Wife the opportunity, within a period of thirty (30) days
following the date of the execution of this Agreement, to enter the marital home for the
purpose of retrieving her property set forth on Exhibit A. Wife agrees that all other items
of tangible personal property, not identified on Exhibit A, shall be, become and remain the
sole and separate property of Husband.
9. BANK ACCOUNTS. The parties have heretofore closed their joint checking
accounts and savings accounts and each has established for himself or herself such
checking accounts and savings accounts as each desires to maintain. Such separate
savings accounts and checking accounts of each party shall be and remain the sole and
separate asset of the party in whose name such accounts are titled.
10. AUTOMOBILES; Husband and Wife have, heretofore, accomplished the
transfer of automobiles which had previously been their marital property, and they hereby
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confirm the lawfulness and propriety of the transfers they have made to each other.
Husband hereby agrees that he shall indemnify and hold harmless Wife from any further
liability or responsibility upon the Members First automobile loan account which was
negotiated for the 1996 Pontiac Grand Prix owned by Husband.
11. BURIAL PLOTS. VAULTS AND GRAVE MARKER. The parties are the
joint owners of two burial lots at Rolling Green Memorial Gardens, two burial vaults, and
a bronze marker. Husband hereby agrees to execute an appropriate deed and bill of sale
transferring to the sole name of Wife those two burial lots known as Lots 3 and 4, Lock Q,
Section 100-0, represented by Deed No. 1144G of Rolling Green Memorial Gardens, Inc.,
together with all rights to the two adult-size burial vaults and one bronze marker,
represented by Rolling Green Memorial Gardens, Inc. Certificate No. 91 OG. Such transfer
of ownership shall occur within thirty (30) days following the date of the execution of this
Agreement.
12. REAL PROPERTY. The parties are the joint owners of real estate known
as 2 Fetrow Drive, Hampden Township, Cumberland County, Pennsylvania, which real
estate is orwas subject to a first mortgage with PNC Bank, and is subject to a home equity
mortgage with Members First Credit Union. Wife agrees that she shall, in cooperation with
Husband, sign and execute a deed transferring to Husband sole and exclusive ownership
of the said real estate. Contemporaneous with such deed transfer, which shall occurwithin
thirty (30) days following the date of this Agreement, Husband shall secure a mortgage
loan in his own name for the purpose of providing for the payoff of both of the
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aforementioned, existing mortgages with PNC Bank and Members First Credit Union. In
addition, from the proceeds of the new mortgage loan secured by Husband, he shall pay
to Wife, on account of her equitable interest in the said real property, the cash sum of
Thirty-Five Thousand ($35,000.00) Dollars,
13. RETIREMENT ACCOUNTS.
A As a result of his years of employment, Husband has become vested
in a pension/retirement account established by and maintained for his benefit by the
Iron Workers Union of America. Wife hereby waives any past, present or future
interest in said pension retirement account, and agrees that, if such should be
deemed necessary by the sponsor of the pension/retirement plan, she shall execute
any document appropriate to evidence her relinquishment of any interest therein.
B. As a result of her years of employment by the Cumberland/Perry
Association for Retarded Citizens, Wife has become vested in a 401 (k) retirement
account maintained for her benefit by Aetna Life Insurance and Annuity Company.
Husband hereby waives any past, present orfuture interest in such Aetna 401(k)
account and agrees that, if such should be deemed necessary by the sponsor ofthe
Aetna 401 (k) account, he shall execute any document appropriate to evidence his
relinquishment of any interest therein.
14. WORKERS COMPENSATION BENEFITS.
As a result of a work-related injury incurred by Husband in 1992, Husband
has become entitled to the receipt of Workers Compensation benefits on account of the
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loss of his earning power and earnings capabilities. Wife hereby acknowledges that such
Workers Compensation benefit payments being received by Husband, past, present or
future, or any commutation of such payments resulting in a lump sum payment, do not
constitute marital property subject to equitable distribution; and, accordingly, Wife does
hereby waive and relinquish any right to receive any portion of such Workers
Compensation benefits of Husband.
15. SPOUSAL SUPPORT. ALIMONY, ALIMONY PENDENTE LITE. COUNSEL
FEES AND EXPENSES. Both parties hereby waive and relinquish any right which each
or either of them may have to seek or to receive from the other party the payment of any
sums of money as spousal support, permanent alimony, alimony pendente lite, or provision
for the payment of any counsel fees and expenses associated with any action in divorce.
Wife acknowledges that she has caused to be instituted the presently-pending action in
divorce in the Court of Common Pleas of Cumberland County at Civil Action No. 00-7885,
and agrees that she, alone, shall be responsible for all attorneys' fees and Court costs
associated with said divorce action.
16. IMPLEMENTATION OF AGREEMENT. The parties agree that, upon the
execution of this Agreement, but no later than thirty (30) days thereafter, each of them will
sign all documents contemplated by the terms of this Agreement, and will perform all acts
otherwise contemplated by the terms of this Agreement, which are necessary to provide
for the transfer, distribution or utilization of any asset intended to be utilized for the
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purposes herein contained, or to be transferred to one or the other of the parties under the
terms of this Agreement.
17. BREACH. If either party breaches any provision ofthis Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, and
the party breaching this contract should be responsible for payment of legal fees and costs
incurred by the other in enforcing their rights under this Agreement, or seek such other
remedies or relief as may be available to him or her.
18. 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.
19. MODIFICATION AND WAIVER. The modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either party to insist upon strict
performance 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.
20. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
21. INDEPENDENT SEPARATE COVENANT. It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
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22. APPLICABLE LAW. This Agreement shall be construed under the laws of
the Commonwealth of Pennsylvania.
23. VOID CLAUSE. If any term, condition, clause, or provision ofthisAgreement
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 force, effect and operation.
24. ENTRY AS PART OF THE DECREE. Wife has initiated an action in divorce
under Section 3301 (c) or 3301 (d) of the Pennsylvania Domestic Relations Code, filed in
Cumberland County to Civil Action No. 00-7885. It is the intention of the parties that the
within Agreement shall survive the aforementioned action for divorce, and that no order,
judgment or decree, temporary or interlocutory, final or permanent, shall affect or modify
the financial terms of this Agreement. Both parties agree to execute Affidavits of Consent
for the purpose of entry of a Divorce Decree under Section 3301 (c) of the Pennsylvania
Domestic Relations Code. This Agreement shall be made part of any such judgment or
decree of final divorce, but shall not be merged therein. Wife agrees to provide to
Husband, at her expense, a certified copy of the final Decree in Divorce.
25. VOLUNTARY EXECUTION. Wife acknowledges that Carl G. Wass, Esquire,
has served as legal counsel to her in connection with the pending divorce action and in the
preparation of this Marriage Settlement Agreement. Husband acknowledges that Thomas
0, Gould, Esquire, has served as legal counsel to him in connection with the pending
divorce action and in the preparation of this Marriage Settlement Agreement. Prior to the
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execution of this Agreement, copies thereof have been provided to both parties, and each
party has consulted with his or her respective attorney with regard to each and every term
contained herein, and has benefitted from the advice and counsel of their respective
attorneys. Both parties acknowledge and declare that each does understand the full legal
effect of this Agreement, especially with regard to the fairness and equitable nature of the
distribution of marital property between them and the waiver by each of them of any
spousal support, alimony, alimony pendente lite, and/or the payment of counsel fees and
Court costs. Both parties acknowledge that their execution of this Agreement has been
done voluntarily and knowingly and that their execution is not the result of any duress or
undue influence.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
WITNESS:
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Ruth~Z ~ X~
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Richard A. Lopez
23972
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~
SS:
On this, the ~lab
day of
. 2001, before me,
a Notary Public, the undersigned officer, personally a peared RUTH ANN LOPEZ, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
d<,~ ~O;)
tary Public
NOTARIAL SEAL
FAY l. POTTEIGER, Notary Public
Harrisburg, Dauphin County
My Commission Expires July 1, 2003
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CU-m 6 e..da.>f\ ci
SS:
On this, the cPs-fIJ day of ~ ' 2001, before me,
a Notary Public, the undersigned officer, personally appeared RICHARD A. LOPEZ, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
0~"d~A~~
Notary Public CJ
Nota.ial Seal
Glenda M, Wethington. Notaf)' Public
Camp Hill 80ro, Cumberland County
My Commission EO.pir"" Dee, 27. 2002
Member, Pennsylvan!8 ASSOCiatIOn of Notaries
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RUTH ANN LOPEZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
vs.
No. 00 - 7885
RICHARD A. LOPEZ,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry
of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) 3301 (el)(1)
of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: November 7,2000, by Acceptance
of Service on November 13, 2000.
3. (Complete either paragraph (a) or (b))
(a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of
the Divorce Code: by Plaintiff, June 4, 2001; by Defendant, May 25, 2001.
(b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d)
of the Divorce Code:
(2) Date of service of the Plaintiff's Affidavit upon the Defendant:
4. Related claims pending: None,
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RUTH ANN LOPEZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 00 - 1?rPS
ACTiON - LAW
IN DIVORCE
C()i('/~
RICHARD A. LOPEZ,
Defendant
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 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 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, Room 101, Dauphin County Court House, Front and
Market Streets, Harrisburg, 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, PA 17013
(717) 249-3166
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NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notificacion. Usted Debe presentar una apariencia
escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas
o sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no
se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa a
viso 0 notificacion, y por cualquier queja 0 alivio que es pedido en la peticion de demanda.
Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
16969
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. (}O- ,!FrS CwJ. I~
ACTION - LAW
IN DIVORCE
RUTH ANN LOPEZ,
Plaintiff
RICHARD A. LOPEZ,
Defendant
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding
filed in the Court of Common Pleas of Cumberland County. This notice is to advise you
that in accordance with Section 3302(d) of the Divorce Code, you may request that the
court require you and your spouse to attend marriage counseling prior to a divorce
being handed down by the court. A list of professional marriage counselors is available
at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You
are advised that this list is kept as a convenience to you and you are not bound to
choose a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
within twenty days of the date on which you receive this notice. Failure to do so will
constitute a waiver of your right to request counseling.
16972
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. fHl- '7 f' f S' ~ t.u...--
RUTH ANN LOPEZ,
Plaintiff
RICHARD A. LOPEZ,
Defendant
ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR 3301(d}
OF THE DOMESTIC RELATIONS CODE
1. Plaintiff is Ruth Ann Lopez, an adult individual who resides at 4521 Linden
Avenue, Apartment 3, Mechanicsburg (Lower Allen Township), Cumberland County,
Pennsylvania, 17055.
2. Defendant is Richard A. Lopez, an adult individual who resides at 2 Fetrow Drive,
Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania, 17055.
3. Both the Plaintiff and the Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the filing
of this Complaint.
4. The Plaintiff and Defendant were married on June 1, 1968, in Del City,
Oklahoma.
5. The Plaintiff and Defendant separated on or about January 27,1999.
6. There have been no prior actions in divorce or annulment between the parties.
7. The Defendant is not a member of the armed forces of the United States or any
of its allies.
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8. The Plaintiff avers that the marriage is irretrievably broken.
9. 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. The
Plaintiff does not desire counseling.
10. Plaintiff avers that there are no children of the parties under the age of 18.
11. Plaintiff requests the Court to enter a Decree of Divorce.
CALDWELL & KEARNS
Date:N~ ~c.~
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By ~~("~<>.D
Carl G. Wass, EsqUl
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
I. D. #07268
Attorney for Plaintiff
16967
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VERIFiCATION
i, RUTH ANN LOPEZ, verify that the averments made in this Complaint are true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. CoSo 4904, relating to
unsworn falsification to authorities.
Date: '"/ZtJJ), d? qG::)()
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Ruth Ann Lopez .
16974
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RUTH ANN LOPEZ,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBElU.AND COUNTY, PENNSYLVANIA
v.
NO. 00 - 7885 CIVIL TERM
R!CHAllD A. LOPEZ,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on November 7, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request entry of the decree. I
acknowledge that pursuant to Rule 1920.42(e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
S/iil5" !tJ/
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Richard A. Lopez
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RUTH ANN LOPEZ,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00 - 7885 CIVIL TERM
RICHARD A. LOPEZ,
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301/c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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Richard A. Lopez
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RUTH ANN LOPEZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 00-7885
RICHARD A. LOPEZ,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I do hereby accept service of and acknowledge receipt of a copy of the Complaint
in Divorce in the above case.
Date:
// 1i"3/60
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Richard A. Lopez
117455
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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I Plaintiff
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File No.
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IN DIVORCE
J!rd in! ;!-. ~f~n~nt
NOTICE TO RESUME PRIOR SURNAME
above matter,
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Notice is hereby given that the Plaintiff/Defendant in the
Final Decree in Divorce on the
having been granted a
uun t:,
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to resume the
, and gives
prior surname of
. hereby elects
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this written notice pursuant to the provisions of 54
P.S. S 704.
DATE:
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Signature of name being r
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
On the ;?!?M day of Mar~h . c2of2:L. before me, a
Notary Public, personally appeared the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
seal.
In Witness Whereof, I have hereunto set my hand and official
NOTARIAL SE;AL
JODYS, SMITH, NOTARY PUBLIC
Carlisle Bora, Cumberiand County
My Commission Expires April 4, 2005
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RUTH ANN LOPEZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 00-7885
RICHARD A. LOPEZ,
Defendant
ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
on November 7,2000,
2. Plaintiff acknowledges that a copy of the Complaint was served on the
Defendant by Acceptance of Service on November 13, 2000.
3, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed, both from the date of the filing of the Complaint, and from the
service of the Complaint
4. I consent to the entry of a final Decree of Divorce without notice.
5. 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.
6. 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.
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7. I', have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do not request that the Court
require coumseling.
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I verify that the statements made in this Affidavit are true and correct.
understan~ that false statements herein are made subject to the penalties of 18 Pa.
C,S. Secti0n 4904 relating to unsworn falsification to authorities.
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