HomeMy WebLinkAbout01-05857
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
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KRISTIE L. GONZALES,
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Plaintiff
NO.
5857
2001
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VERSUS
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PEDRO R. GONZALES, JR.
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Defendant
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DECREE IN
DIVORCE
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.J0W1 'If
, IT IS ORDERED AND
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, 2003
AND NOW,
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DECREED THAT Kristie L. Gonzales
, PLAINTIFF,
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AN D Pedro R. Gonzales, Jr.
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECOr~ IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; VVO~
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The attached Marital Settlement Agreement is incorporated herein by
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reference but not merged into the Decree in Di
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By TH
.OURT:
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ATIES"~~ '
JPROTHONOTARY
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MARITAL SETTLEMENT AGREEMENT
r" THIS MARITAL SETTLEMENT AGREEMENT ("Agreement") is made
this~ day of ~, 2003, between Kristie l. Gonzales (hereinafter .
called "Wife"), of Camp Hill, Cumberland County, Pennsylvania, and Pedr~R. ;:e, ;2
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Gonzales, Jr. (hereinafter called "Husband"), of Fort Worth, Texas. ;:R;~': . --'"
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RECITALS' 6'5S .:) ..,\
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R-1. The parties hereto are wife and husband, having beel~arried oh);;j
>e: ':9 q,n
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
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(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. Recitals. The above recitals are incorporated by reference as if
set forth fully herein.
2. Saparation. It shall be lawful for Husband and Wife to 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. Legal Effect. 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 Melanie 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
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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. Interference. 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. Disclosure. 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
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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. NRmAs. 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.
8. PAr!lonAl Property.
(a) Furniture. 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) OthAr PAr!lOnRI PropArty. 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. RARI PropArty. Husband and Wife do not own any real property.
10. Di!ltribution of OthAr A!l!lAt!l.
(a) RAtirAment ~Rving!l The parties agree that Husband had, as of
the Separation Date, a 401 (k) Plan with Harrisburg Hotel Corporation ("Husband's
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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) Bank Accounts. 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) VAhiclAs.
(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
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an agreement on March 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) Life Insurance. 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 $ duO, m5D .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-Acquirerl PrQperty. 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 othelWise acquired by the other party after the
Separation Date.
(g) Equitable Distribution. 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
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payments shall be wage attached if permitted by the Court of Common Pleas of
Cumberland County. After the divorce is finalized, Wife agrees to reqLiest 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. Alimony. 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. SI'Jpport 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
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month after the court enters the decree in divorce. All other aspects of the Order shall
remain in full force and effect.
(b) C;oIlAQA, 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. C;ustorly of thA ChilrlrAn. 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. MerlicallnsurancA.
(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. Liability for DAbts.
(a). Marital DAbt, 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.
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17. Wife'!; nehts. 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. Hu!:hRnrl's Dehts. 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. Legal Fee!:. 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. SurvivRll Jpon Divorce. 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 now 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 maybe granted, but shall continue in full force 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. MutuRI ReleRse. 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
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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 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, 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 divorce 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
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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. Further Documents. 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. Entire Agreement. 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 enforced or
e/1lforceable unless reduced to writing and signed by both of the parties hereto; and
the waiver of any term, condition, clause or provision 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
or~1 agreements between the parties. This Agreement may be amended by the
p('j.rties only lily a written instrument signed by both parties hereto.
24. Nonwaiver of Performance 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
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provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
25. I nvl'l lid ity. 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
force, effect and operation. Likewise, the failure of any party to meet her or his
obligations under anyone 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. Brel'lch. 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.
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27. Governing Ll'Iw. This Agreement shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania.
28. Successor!': in Intere!':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]
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
WITNESS:
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WIFE:
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Kristle L. Gonzales
HUSBAND:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF OA-uQl-.\ IN.
SS.:
On this, the ~ day of VYw ~ 2003, before me, a Notary
Public, the undersigned officer, personally appeared Knstle 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.
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Not Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ,d-1-v A'IoJ
55.:
Notarial Seal
Denise B Williamson, Notary Public
Harrisburg. DauphIn County
My Commission ExpIAlS May 1, 2004
MemCer, PIlnnsyllllln'aAssoclalionOlNotar1es
On this, theo< odd day of ~ /f--V 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.
Notalfa/ Seal
Nanc~ E. Roach, NotaJy PubI!l:I
Harnsburg, Dauphin, CO'!IIIY
My Commission expires Jen. 31, 2006
F:ldrgI3196' Gonzales, Kristle L111127. Domestic RelationslDocumentslGonzales Marital Settlement Agreement.doc
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Notary ~ ;; ;,; _
My Commission Expires: / .5 / tJ5
(SEAL)
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KRISTIE L. GONZALES
S.S. No. 179-44-9391,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2001-5857
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To the Prothonotary: ~ ':? ]'\?
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Transmit the record, together with the following information, to the Court for etffry ~
PEDRO R. GONZALES, JR.
S.S. No. 451-47-6944,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under 9 (3301 (c) J301 (cl)(1)) of
the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: October 1 n, ?001 by certified
mRil restricted delive'Y served on DefendRnt AffidRvit of Service filed on October ?::l
2QQ1.
3. Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by 9 3301 (c) of
the Divorce Code: by Plaintiff .lime 3, 20m; by Defendant MRy?::l ?003.
(b) (1) Date of execution of the affidavit required by 93301(d) of the
Divorce Code: bILA....
(2) Date of filing and service of the Plaintiff's affidavit upon the
respondent: I:llLA.
4. Related claims pending: None.
5. Complete either (a) or (b).)
a) Date and manner of service of the Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached: ~.
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Date Plaintiff's Waiver of Notice in 9 3301 (c) Divorce was filed with
the Prothonotary: ,Iune 6, 2003.
Date Defendant's Waiver of Notice in 9 3301 (c) Divorce was filed
with the Prothonotary: ,Iune 6, 2003.
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
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KRISTIE L. GONZALES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
2001- S~.s 7
PEDRO R. GONZALES, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE Tn DEFEND AND CI AIM 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 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.
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KRISTIE L. GONZALES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
2001 ~6~67
PEDRO R. GONZALES, JR.,
Defendant
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 Section 3301 (c) and 3301 (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.
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6. There have been no prior actions of divorce 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").
Count II - Equitable Distribution
10. Paragraphs 1 through 9 hereof are incorporated herein by
reference.
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.
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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
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 ,5 ,2001
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VERIFICATION
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.SA Section 4904,
relating to unsworn falsification to authorities.
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Kris Ie L. Gonzales, Plaintiff
DATED:
sid,
,2001
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KRISTIE L. GONZALES;
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2001,5857
PEDRO R. GONZALES, JR.
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF 5;ERVICE
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
By:
aren S. Carter
Legal Secretary
508 North Second Street
P.O, Box 845
Harrisburg, PA 17108-0845
Sworn to and subscribed
before me this'~J." day of
October, 2001.
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Notary Public
My Commission Expires:
(SEAL)
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
KRISTIE L. GONZALES;
Plaintiff
NO. 2001-5857
CIVIL ACTION - LAW
vs.
PEDRO R. GONZALES, JR.
Defendant
DIVORCE
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A Complaint in Divorce under Section 3301 (c) of the Divorce ~e was
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filed on October 1, 2001. ' <0
AFFInAVIT OF CON5;ENT AND
WAIVER OF COUNSEliNG
1.
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.
DATE (p! 3jO'f -ift.i;:.~f!;,i/
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
KRISTIE L. GONZALES;
Plaintiff
NO. 2001-5857
CIVIL ACTION - LAW
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A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
DIVORCE
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PEDRO R. GONZALES, JR.
Defendant
AFFInAVIT OF CONSENT AND
WAIVER OF COUNSF.L1NG
1.
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 furt~er 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.
DATE:-2J.~ ;}oo S ~
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
KRISTIE L. GONZALES;
Plaintiff
NO. 2001-5857
CIVIL ACTION - LAW
vs.
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WAIVER OF NOTICE OF INTENTION TOREQIIE5;T ~C;.;2
ENTRY OF A DIVORCE DECREE IINDI':R f 3301(r:} 6t< ,-
OF THE DIVORCE CODE >S~ If?
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I consent to the entry of a final decree of divorce without notR:e. '0
PEDRO R. GONZALES, JR.
Defendant
DIVORCE
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.
understand that false statements herein are made subject to the penalties of 18
Pa.C.S, 94904 relating to unsworn falsifiCa~ti n to authorities.
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/ Kri ie L. Gonzales, Plaintiff
(PI :3/03
Dated:
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
KRISTIE L. GONZALES;
Plaintiff
NO. 2001-5657
CIVIL ACTION - LAW
vs.
PEDRO R. GONZALES, JR.
Defendant
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WAIVER OF NOTICE OF INTF;NTION TO REOUEST r-'f:"'
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ENTRY OF A DIVORCE DECREE UNDER f ~~01~} :z:G:;y,
OF THE DIVORCl"; COnE )>~ ~
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I consent to the entry of a final decree of divorce without notlae. 1.0
DIVORCE
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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.
understand that false statements herein are made subject to the penalties of 16
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Dated:
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