The URL can be used to link to this page

Home My WebLink About01-06779 . . . . .. ~ ~~ ~ ~ ~~ ~~ ~ ~~ ~~ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . . PENNA. STATE OF . NOEL M. CARABALLO . Plaintiff No. Ol - 6779 Civil Term VERSUS . BRENDA S. CARABALLO Defendant . . DECREE IN DIVORCE AND NOW'~( ,..:!> DECREED THAT' NOEL M. CARABALLO PLAINTIFF, . ;t q ~ <<lC(fJ1 . . . 2002 IT IS ORDERED AND . . AND BRENDA S. CARABALLO , 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; . ~F:-- . . . PROTHONOTARY . . J. . . . . . . . 'to ~'" '" '" '" . . :Ii '" Of'" "'''' '" -'4' J!l ,', oj ._ 1 ,,,r '-1'- ,.-r '.' - ,-~ _ H ',__ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -,- ~~11.~iiiilli!i~l~llj~i~I'<'1a_~~~ln*,":f':i~!",,"lliMl"-~0i,g'iliilil.ii~_~iMiW7---ii~i\"~~',,--~ "'~",","",",-.;'-.;,r"'~~~'~.' '^'^"'~""'"-'-'''-'u-ilIilBi- - --. ~---.-"- ~"",li!!iL,",,____,,<_"__""~~,~ __. ._,. ~ ~_".~>,~,~<~_~"~^_~~ ~_~.~~". /j. '~,;L f/. ' t?",2 - . M'~/'~-z4oC~ ~~~4~ . I i: ~ .. . , . J ~(Q)~V MARITAL SETTLEMENT AGREEMENT 'J,fA ~., THIS AGREEMENT is made this ;:. day of ,1. between NOEL M. CARABALLO and BRENDA S. CARABALLO: . 2002, by and WITNESSETH: WHEREAS, Noel M. Caraballo (hereinafter referred to as "Husband") and Brenda S. Caraballo (hereinafter referred to as "Wife"), are husband and wife (hereinafter referred to as the "Parties"), having been lawfully married on September 9, 1988, in Elizabethtown, Lancaster County, Pennsylvania; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership ofrea1 and personal property, the support and maintenance of one another and, 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she bas received independent legal advice from counsel of his or her selection, and that each fully understands the facts and bas been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she bas been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court bas the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente!@, equitable distribution of all marital property or property owned or possessed individually or jointly, counsel fees and costs of litigation and, fully knowing the same and being ""j\:j~,~J1tJUit.."",,,,,,~,.,. ",~~" ,~_,_ , ' ~_~~ __-.__:J ,,- . . . I fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente ~ support and maintenance, equitable distribution, counsel fees and costs of litigation. 1. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other CClurt of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to .make or append hereto any further enumeration or statement. The parties hereby acknowl~ge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any frlllld, duress, undue influence or that there was a failure to have available full, proper and independent represen~tion, by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all contro~ restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to ? -""4,....M<!IIIPiii;R ,^ "_"_' '_"'0' '1'<" ~ ., ~ ~" ~ ~o<,,"~~"'" "'[ . . , him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership. enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on November 28, 2001, Husband initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 01-6779 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that upon the expiration of the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code, each will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit ~cord, Vital Statistics Fonn and any and all other documents necessary to precipitate the prompt entry of a divorce decree. S. EOUITABLE DISTRIBUTION. (a> Marital Residence. The parties acknowledge that they are the owners of that certain house and lot and all improvements thereupon situated at 29 C Meadowbrook Court, New Cumberland, York County, Pennsylvania 17070 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (I) Commencing on April I, 2002, the parties agree that Wife shall have exclusive possession ofthe marital residence. Husband shall at that time remove himself from the residence and return all keys to the residence to Wife. Husband shall be pennitted to enter the residence subsequent to April I, 2002 only upon Wife's assent. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, 1 <"~Rif,~ .)l[!Ii1I!.".,_,. _.}""..r~ U:]~ ,-' , -"" ""1 ,'-'m%-"i,~. . . . . , , including, but not limited to, any existing mortgages or home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, and Wife sbaI1 keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. (3) The parties agree that Husband shall complete all pending home improvements regarding the marital residence within 12 months from the date of execution of this Agreement. (b) Furnishin!!s and Penonaltv. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets. household appliances and equipment. Therefore, any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband, other than any personalty or furnishings now located in the marital residence which Wife agrees Husband may have shall become his sole and separate property on April I, 2002. (e) Motor Vehicles. Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1979 brown Ford Bronco and the 1987 Nissan Maxima, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indellllliJY and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with said vehicles. If either of said vehicles is titled jointly, the parties shall promptly transfer title to Wife solely. Wife agrees that Husband sbaI1 retain possession of and receive as his sole and separate property the 1981 white Ford Bronco, the 1979 Ford truck, and the 1988 Honda Accord, along with all rights under any insurance policies thereon and with 4 r,' ,.. , ~"~,' - . _l ':_-~'~~' all responsibility far payment af any autstanding indebtedness pertaining thereto and insurance thereon, free af any and all right, title, claim ar interest afWife. Husband shall indemnifY and hald Wife and her praperty harmless fram any and all liability, cost ar expense, including actual attarneys fees, incurred in connectian with said vehicles. If any af said vehicles is titled jaintly, the parties shall pramptly transfer title to. Husband salely. The parties agree that the 1964 Plymauth Barracuda currently titled jaintly shall be sold and the proceeds shall be placed in a, savings account salely in Wife's name. (d) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim ar interest that he ar she may have in and to. any and all palicies af insurance awned by ar insuring the life af the ather, including cash surrender value, if any, and alSo. specifically to. include a waiver af any beneficiary designatian thereunder. (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim ar interest that he ar she may h;ive in and to. any and all retirement benefits (including but nat limited to. pensian ar profit sharing benefits, deferred compensatian plans, 401(k) plans, emplayee savings and thrift plans, individual retirement accaunts ar ather similar benefits) af the ather party, specifically to. include a waiver af any spausal annuity benefits and/ar beneficiary designatians thereunder. The parties agree that they shall execute any dacuments pursuant to. the Retirement Equity Act ar any similar act that may be required fram time to. time to. accomplish the purpases af this subparagraph. (f) Casb Accounts. Stocks and Investments. (I) Wife agrees that Husband shall retain as his sole and separate praperty, free fram any and all right, title, claim ar interest afWife, any and all stacks, bands, investments, sums af cash in savings or cbecking accounts, mutual funds, stack accaunts, ar any ather assets af a similar nature which naw are titled in Husband's name alane, except that Husband shall transfer all funds fram his Puerto. Rica account into a trust accaunt set up by Wife far their daughter, Valentina Marie Caraballo., far which Wife shall be named as trustee. , -,O'%i'-'i!j'\W5l!~. ~_ __iD J".,.^ ."' _ '7' -1'-' ~ -. ''J'~)m!l ~I!!l~ .. ~ _~ . , (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. All joint financial accounts have been closed and the proceeds divided between the parties, except that the parties agree that the joint Commerce Bank checking account shall remain open at this time, but the parties further agree not to withdraw funds from said account that were not personally deposited by the party seeking the withdrawal. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full, except for those accounts itemized in (5)0) below. Each party warrants and represents that he and she have paid or will pay in accordance with subparagraph (5)0) below all obligations on joint credit accounts for which the other party was liable. (g) MisceUaneous Prooertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (h) Prooertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. Ii ,,~, - ~=~ I"~ v .".. ;"-~"~iiiith_4-l,;iJ~~~r~l!1I!Jl_,! "~, ~< (I) Prooertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all su.ch property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (j) Assumntion of Encumbrances. (I) Commencing on the execution date of this Agreement, Wife shall be solely responsible for any and all liabilities she has incurred after November 28, 2001. In addition, Wife shall be solely responsible for payment of any mortgages, home equity loans, and expenses associated with the Marital Residence as set forth in subparagraph 5(a) above. (2) Huband shall be solely responsible for any and all liabilities he has incurred after November 28, 200 I. (3) The parties agree to equally split the payments on the MBNA Mastercard until paid in full. The parties further agree not to incur further debt on the MBNA Mastercard until paid in full, at which time the parties shall agree to either close the account or to have the account transferred into one of their names solely. (4) The parties agree to equally split the payments on the Home Depot credit account until paid in full. The parties further agree not to incur further debt on the Home Depot credit account until it has been paid in full, unless the party who is making the purchase with the credit account pays makes payments, in addition to the amount the parties equally split, which total the amount of the purchase within 60 days of the purchase date and provides receipts to the other party showing the amount of the debt, the date it was incurred, and the purpose for which it was used. In the event the parties jointly agree to make a purchase with the Home Depot credit account, they shall both sign the receipt and simply continue to equally split the payments on the account. 7 ..".,., .~- -~~-"I""'-- - ~ c'-- (5) The parties agree to equally split the orthodontist payments to Hilton & Dirninck. (6) Any joint credit account debt not specifically mentioned herein shall be the sole responsibility of Husband and he shall indemnifY and hold hann1ess Wue and her property from any claim or liability that the she will suffer or may be required to pay as a result of said debts. (7) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement or subsequent to Aprill, 2002 as agreed upon as set forth in subparagraph 5(b) above. Each party agrees to indemnifY and hold hann1ess the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (k) Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property hann1ess from any and all such debts, obligations and liabilities. (1) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wue against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by Wife in connection therewith. (m) Indemnification ofRusband. Ifany claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wue under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or R "p:;'~,~ ~~_. ~" - - ~. proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to. costs of court and reasonable attorney fees actually incurred by Husband in connectinn therewith. (n) Warranty as to Future Oblil!lltions. Husband and Wile each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Each party hereby agrees to indemnitY, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including reasonable attorney fees actually incurred in the event of breach hereof. 6. WAIVER OF ALIMONY. Husband and Wile hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente ~ support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final detennination for all time of either party's obligation to contribute to the suppOrt and maintenance of the other. 7. nm.n SUPPORTIREALTH INSURANCE. Husband shall pay Wile child support as agreed upon. In the event there is no agreement, Wife shall seek child support through Domestic Relations in the county in which she resides with the child. Husband shall at all times provide health insurance for the parties minor child, Valentina Marie Caraballo. 8. CHlLD CUSTODY. The parties agree that Wife shaIJ have primary physical custody of the parties' minor child, Valentina Marie Caraballo, born March 4, 1989. Husband shall have partial custody rights as agreed upon. The parties shall share legal custody of their daughter. 9. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. Q ",_%twi.~K \'ll:!1-~_ ~ - - ,- 0-' . _ " .,~ ~ ,,-~ "I'!' - -. ,~ . ~"~ . . 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution schente, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the. date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deented to be the estate of the deceased party. 12. RELn\SE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3 502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthennore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is 10 -.-!~~~Ri~~ , . ~ _' . _ ,___~O '--P' - .-- ,~ . . U" 11 . ;-"~''''~1i:l~ ~"_ , ~ I " " . . (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. BREACH. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover his or her reasonable out of pocket expenses, including but not limited to reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such, as the same shall be determined by the Court, unless the Court detennines that the action was reasonable instituted and defended, and, in that event, the parties shall bear their own expenses and attorney fees. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by certified mail, return receipt requested, or alternatively may be effected by regular mail to the party's attorney of record. . 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the I? ~"'~~~_J" ,.. .~',,""'_ ..,...lrl same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCn.lA TION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HF..\DINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereofare inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on n <"'f';~"'!:-_ ~~~r:,,,,__,,,,"_ ~__~~ _ ~, '~, ~ _, - , , ~ . ' demand to comply with these provisions, that party sha1I pay to the other party all reasonable attorney fees, costs, and other expenses actually incurred as a result of such failure. 26. ENFORCEMENT RIGHTS. The parties sha1I have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in Jawor in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. :~WB<RWP."'--~~72;::;] SS NOEL M. CARABALLO ? ~SS ----- ~~~ BRENDA S. CARABALLO ~ 14 ,,~\i~..~ "-'~---~"~ -~'~'-' <, '~"'r"'-.'~~',- ~ ~ .. ~ ~, ~ -,,,,,," j I . ' COMMONWEALTH OF PENNSYLVANIA COUNTYOF c.ll""t.>~\AN" ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared NOEL M. CARABALLO, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. Z71i. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of !'V7A.e ~ .2002. 00)0 ~ ~ ~j( Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: NOTARIAL SEAL WILLIAM L. GRUBB, NolaIy Public Lower Allen Twp., Cumbertand County My Commission Expires Aug. 13, 2005 1'i "~r&ilOO!ijll5jj\", ',~ '_~" '_"_ ". " ~_',-~ ~" " -r , t~ '"-~ , "-' " ' . -" COMMONWEALTH OF PENNSYLVANIA COUNTY Of\. 04 iJ p~~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared BRENDA S. CARABALLO, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ! J-L ~ day of npr: I ,2002. ~ ~ 1VCJ,.~.J..o A / Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: ~JV'()"\ l. (( '11'; J " "'5~f' My commission expires: I - r ~ - 0 i,f Notarial Seal Sharon L. Reisinger, Notary Public MyC:rrfSburg, Dauphin CoUnty 1TI~1ol),~~I~s.~.19, 2004 em .. ~nsy . '"',q.,,.nes 1/\ "'-'~"":,.j>;~""I,.> 1 "~".",,~. _._. "' ", " ,.-.' ~'--'I . , . t. . '11'. 1I!!!'1!fl." ,rr~:-,IP~~"""'%-~-- H<" .,- ." ,~'^' ~""O=,- ,"'"" '-'"'" '.,...;:,~y~= "-""'".t",..;;,,;:,e';'''''''l"C'-.t''''';:'''''T<''lW;fJ~l(~~~&~':~r~f'Y'iff:;~<tWo1 o ~ -0 (f~ r-nr-'~i ::-> 7::l. (jJ ~"'~ 2(-> 2~~ C.~.~1 ";:"",of J )0' c:~ L~ -;) --~ " "",1iII~",,,,-_~Ycif~li,"''ii'M''';['''.''!'j-:{.- ,-(:,.,",- ----'"]-i~':'Efljl'WIIIil~~i!!tW~.JW~!#~_~~~~~_~<.f."_;'1F~ ...:.-~ N ::'::"'1 33 , n ~'f ',' ~ ",,) ,v - " ,,;": /~rTi ~_::.\ '1:3 "< (,.) , ~ , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff NO. 01-6779 Civil Term vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD 1. Grounds for divorce: ,f Section 3301(c) of the Divorce Code Section 3301(d) of the Divorce Code 2. (a) Date complaint filed: November 28.2001 (b) Date of service of the complaint: December 3.2001 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: ,f Certified mail, restricted delivery to and return receipt signed by defendant First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached) 3. (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaintiff: April 16. 2002 defendant: April 12. 2002 Date offiling: plaintiff: contemporaneously herewith defendant: contemporaneously herewith <"-,~i3I""T 7- - "~'"" .~ ~ ,.~ -~r"" ~= ,~ , .. ,-, ~ . - ~ , ". '~~~- ,~"-" 4. 5. (b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of service: Related claims pending: (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff: contemporaneously herewith By defendant: contemporaneouslv herewith VERIFICATION I verifY that the statements made in this praecipe are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. !i4904 relating to unsworn falsification to authorities. '-f-It-o~/ Date , 'r- ,. ~,. ~ ~~=" -_ ~~M ~." ^ " c"';' ,; -1,--_",~~l'''o='''~-'''''< '-,,?'mJlflillf mrr'~'i'bf1l('A;;7r:~:j~\' o <;; ~.tJl!-'i lJJC~ ' :tf (2 r~~_ ~~3 >~c 2- -;l -~ _~ c _~ Wllt,.,:o -' _ ,,,~_~[F.ft~1"\j'-1Z2:11.j!lm~,,,,,~~),'Jl!&1:~~~tl!j'ji!~'t""'>~~"B~""if1~~:~ ~ y -- '" ",'~'" Ci t" :=~ "iJ i~..) r"':'" ,.. " () -n ...1 co") .' " ..;:--- --~~ ~~i ~1 V -; 51 :c< - ~ :;;. ':r,ifI"""'~',r",,,"' r-'-' .- .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff NO. Ol-I. m Cl'vll C-y-~ vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other relief requested in these ;papers by the Plaintiff. You may lose money or property or other rights important to you. 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 at the Cumberland County Court House, Carlisle, Pennsylvania 17013. IF YOU DO NOT FIjLE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FlEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TA~ THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A L1\WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ~r - ~" .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - /p~'tr C~uL '--r'2.lLr-) NOEL M. CARABALLO, Plaintiff vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se Ie avisa que si not se defiende, el caso puede pro ceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVARESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA IND1CADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER AS1STENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 >-1_ffl~, '"r ~ '" ~ o. _ _ - ~ - "r-- ,-' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff NO. 61....1.011'( (21'J~l/~ vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this ~lIIaay of /~ , 2001 , comes the Plaintiff, Noel M. Caraballo, by his attorney, G. Patrick O'Connor, Esquire, Office ofG. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Noel M. Caraballo, is an adult individual who currently resides at 29 C Meadowbrook Court, New Cumberland, York County, Pennsylvania, 17070. 2. The Defendant, Brenda S. Caraballo, is an adult individual who currently resides at 29 C Meadowbrook Court, New Cumberland, York County, Pennsylvania, 17070. 3. The Plaintiff and Defendant were married on or about September 11, 1988, and separated on or about November 26,2001. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. .~ ,0" '.'. ~ ~~"'" , I" - ~ ~.- '" 6. The Plaintiff has been advised ofthe availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, ~ G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 II) No. 64720 Attorney for the Plaintiff ",-\"l'_,,;:~, ;!cL '[ '- -'""", , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI- Go 77'1 CU;;.J I~ NOEL M. CARABALLO, Plaintiff vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Noel M. Caraballo, being dilly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3 . Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Date: I!-I"b-O( Yh, (4J! Noel M. Caraballo .""",?A~'''~~_~ . -,'."'l. '~I' . ~w .~ _ T , ~ ,~WW,~ , . .,p#' j ~ VERIFICATION I, NOEL M. CARABALLO, state that I am. the PLAINTIFF in the above- captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: //-/J-If/ y~ (!Md Noel M. Caraballo "'~"W'~_ -.,. ~~-~, ~ ~.~ .~ ,.~'\~~- "-~. -. , "'-~ ,~---"" . ,.. - '''' "--~^'." ,"'-" . 10... ,,""'''''''.' -, '~.- ~-. ,~~~-"., "~ -~r In ~ ~ ~ ~ C) (:l 1- ~.;: '" ..... ~ "'J~;~ -,. .::p ~ [Dr'-' ..-- ..... L-': ';~ ...:t 7'" ~ 0~~;'-- t"-.,) "-> (f ~ ~(~ c) 7-J 0. rr-, ):>. :~o ~ ZC:: ~ C p-;() - I C> c =:2 ~2~: c'S I -;;; ~ ""- ':..J,ij --I r -< i",_, ~ f --J -< ~t , . ._... '''_'''''',"''" !lI!II'I .,.' ,"" ".-, __ ,<~,_ 'Z,. nr: . _ ""1' _ ~"'~~,. U_~~!ffIlW~~~'1N"""'. w ,,"'_~-,v;)<"'",--'-C: ~jYJ""i .q\;;.cl+j,V@'i\i!I[ff,t,"~}~r;;t,;~i&- . < _~~,jhi,;~~I~~ , ' - _" -r~:~~K:~~~ '" ,_c,"'~~".. .. '.- '" > 'Coni'plete'"items 1;' 2;""iilncfS':"Also"'d:>mplete item 4 i_t Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. .-Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: llr~v.5"; (!d..n/.-6~ 2-7'CM<A:4,-w.6rrmk.. e~Z:; I Ak..uau~~ 7'4/-1b70 2. Article Number (Copy from service fabeQ r7 A /dl'J,., x D. Is delivery address different from item 1? If YES, enter delivery address below: D Agent o Addre~e,e. o Yes ONo 3. Service Type )g:certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C,O.D. 4. Restricted Delivery? (Extra Fee) Yes /53 () bOO/ 01'12- 354'5. i!iJ~~!IT1 3811, JulY.1lj911 , ' I _ ~~ti~ Return Receipt EXHmIT "A" "'~ -.1 ~ <,0 ~ .^-,- ~ . ~ 102595-99-M-1"1$lIJ . __.s' (') t:;"';' !!" VJ"C-', fDK-j 2:1: (j)- --.'~ ;:$:". ,-c. )$' ->c-' ~~c< Pc <': ::;:I , ,"~'" ~, Nl """ ~-f:J ':{J i\:> f\;) (~) -q ~l) --J>" --- 61p1] ',.' ,'j-, J-.!C:.1 :~J~ (jt71 'c-i i!i:5 -< ~,~ .,. (.0 . ~ '~~r'~-" '"~~_"~'M_~ , ' ; . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M CARABALLO, Plaintiff NO. 01-6779 Civil Term vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV.P. 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at 29C Meadowbrook Court, New Cumberland, Pennsylvania 17070 on November 30, 2001. The return receipt signed by the Defendant is-evidence of delivery to her and is attached as Exhibit "An. I verifY that the facts contained above are true and correct to the best of my knowledge, information and belief I understand that the facts herein are verified ~Ub.lect to the penalties fOr unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. S4904). 4, (j(k./ ~atriCk 'O'Connor, Esquire J.D. No. 64720 3105 old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff T__i trLIllW!l,~J_J. ,_, 1t,~Ill.P'~~~M'~"1'''''__ "~""'~ ,,,,,.,J!L,,,~. ",_.k!1Jit?~"j"1tt<"I~-!H'!HN;I"-'-i":-'Oh-,,'n-",N""'.'i:"3'l"71~HIW'~'IM~~~~~ ~~ , , , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff NO. 01-6779 Civil Term vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on November 28, 2001 and service made on the Defendant on December 3,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 ofthe decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 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. DATE: Ai /Ib ~ cf~, (lnJ/6 Noel M. Caraballo, Plaintiff ~'~1~,.k__,,_,_ '---""~_, , ,'~!._,q ___ -,- ,"',~,> - "~f ~ ~ -" . ~= . -, "~~~ :1 , j it ,r, i~ .g 1j :t m ',',." -=. '^' c- ~O'" "'h . "'~__' "'-" ~- "'" ~" .. (') C) 0 c:: N ..-, ~ :p. ~'V cc: V " rilrr; ;:0 = Z~- i1"l _A. f'0 ~~j 2C" :1 CJ ~~X f') ~~~,~ c:c- .'Y) j--= ~i., ~~2 ~ ~-"',- .:> c') /-. en 0)- ':~~ "7 1'- -,.,. =3 :0 ( -. -< -, ,~ .1 ~.i1ij!'[~_,,,,,,,,,_,,>i\llIl!li1~~~~,!_~-i&) ~l~~~:rd'~~.@i!I,,~-;RW,,~-;".'1~'<';~.""JW;"-':~_"0""' i"".'1J1'"1ijp'iilfl::&-<~{'f;'",!"ii!"iV-V''1!f1i]1~i:iiii",-'i'\!('!i.~~J\1i!c~'; '" . ., , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff NO. 01-6779 Civil Term vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 28, 200 I and service made on the Defendant on December 3, 200 I. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 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. DATE: .4 - \~- 062. ~ J$A.Lr>ri.... S. Ch~~ Brenda S. Caraballo, Defendant , ,~"",'Nf'~~~_o ___~_ " _ r"'" - ~-, ,~ ~~ '.'~' ;'~- ~.-,_.,.",~~..~-, ,-" ,~ ~'~ "-,~~-- , > ," ".' . . g 2'" ~6J rnp' Y;j ,.-~ f"- ,.>"1...-.. "?~ -~ R> ~ :;0 ('..;} 1'-" , ,---C; ::-~:. 0\ .:j - _ C',' '-~c..? ~-~; 'q Ai5~~ ':~;f~ ~ -r.;>' :i1 :z (of? ".. (..:> ~!<J/lM ~t'f1~~l!j'4i"~-;;.~~~_~1~~.rJ;r~I@'~&li-~$"i::;"g>"j")"~,,,,,, >''''''wo,'-'':1[''.-, -i' -i":;';"hjf";''''4-EP8J!!$.tWI~j~?;'1,~i~rQM_''~~.~_~~i~ ',-,V,.'d,-i'i','M, r"~ .. ,', I . , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff NO. 01-6779 Civil Term vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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! 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verity that the statements made in the foregoing 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. DATE: ^fIt & /0; yJ.. Q~Al6 Noel M. Caraballo, Plaintiff W' ',' ~ '''"'T ." .M " .~ ., ,~ r,...__.. _J. ~. H "'"'~ , ~~~L ,J J[ _mllW_~!~~~'j!m~lli~W:o~ljn ~ 'H . c_"~~. H - """=~-""~jf ~i .pf\ c: -:,.;;~j ~~:,t.2. ~.:...' ~ql -ry ':P -< o C'" Z'_ o f..,,) t:.':J ~ .~ ~_"4~;m~~"""il'''"~'jlYi_-~f.i''~t~',f:";\'''!"Y'''''!C,jjH' "'i,",,';T(',j''''-:;C';;:;I,^;;e:;r:''''''-:;;''!''\"!:'',",,~:-'''';iipn~~.,,:";f,{.f:',jjW~~~~~ ~ :;:0 r-:' ,0 4) -'C(}::" \\~; ?;~:3 -t:;> r .. Z. -:l --. .. "., , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff NO. 01-6779 Civil Term vs. CIVIL ACTION - LAW BRENDA S. CARABALLO, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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 the foregoing 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. DATE:A - IJ-O~ ~nd,,- S.~ Brenda S. Caraballo, Defendant ~"f'"c",,,,,,",,c , _ fl L, ' ~ " , --'f " ... """""- --.,. - -". ,o_,_,.l.~"ij)'tl~..na,iIl, l~"'N~I~ ,_' ,.---__~r~o , .' . ~. " "',--,-- . _:. _ .'._,. .,,-, _,~~!llfitTf:~2#-~.:,iPIji!;'#'!'~~'!:~7"7"' ,___~ v_.".,'''' "",,'~-"h_' ~~. _~_~~''''',." _'''in':;'',/. o c: "Z' -00: f1J"~' z'0:.: L;:C Q~~' ~~t-- ~~o .2 o N :':"" -0 ::0 iX) f') 0'_ - Of- """:5\.';:;"",,,,..,,.,",, ';i;;' ~ -n ,j~ ---:;_C) .~~~ ~ ~ :'<. :.;'? ;;;- .l,:'-