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HomeMy WebLinkAbout99-02353 . c::r :,0- ;,: ci ,,:,,~ ,~,,...;,<, .;t:~..,',.': . r;:",..< . , , .----------------____w~_._~____~ $ "',~_. ---...., -'-~-~~- III 2 ~ ~ " ; IN THE COURT OF COMMON PLEAS : $ OF CUMBERLAND COUNTY ~ ~ 8 ~ ~ ~ ~ STATE OF '~~ PENNA. : $ ~ $ ~ ~ $ 8 r~ ~ ~ '.! ~ ~ ~ ;0{ v i!l ~ ~ " ., ~; ~ ~ ,~~ ~ :.; ~ ~ ~.~ i ~ ~ ~ ~ ,', ~ ^ ~ ~ ~.~ ~ x ~'. ~ ~ fo~ ~ :.~ ;..~ ~ ~ ~.~ ~ ~ ., ~ ,~ * ,!, .: ~ .: " ,', ~ ~ ~^ '4t:'"..,:<*:- .:.:. -:.:. .>>:- -:+:. .:.;. .:+;. .:+:.~.;. .:+:. .:+;. .:.:.-.:+;.,..:.:.~.~:.:.' ::.:;.{+:;.-~;;.---::.:.~_:;;-::.;_::~:'..:.::-::.::..{.;--.:~:' ~ ,', * ,U\lillA.A,,,u.c>RES, ~ ~ N ().99~2353.CiviLTezm, 19 Plaintiff ~ Vt'I':;US ~ ~.4 ,ROaE~,G"FLORES, JR., ,', ~ ,Defendant ~ '.' "i ~ ~> ,', ~ DECREE IN DIVORCE ;tq~f.(O#J.... .. . .. .. . L.. 19.. ~~ .., it is ordered and AND NOW,., . decreed that ........ ,rAQM ;"" .1Wl~ . . . . . , . . . . . . . . . . . , . . . . . . " plaintiff, and............. .~!j:~.9!.1i'W~1..:!I.~,................,..... 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; .. .9~~+~t~9~.A~~~t.a~.Prpperty.Settl~nt.dated.June.B., 1999..., ..... . . . ~!;l. ~c::C?;lX?;-~~~ ~;-~~!. \l1,1~. ~~~. !l9~, l)1!l,g!". !":i~p.!. ~p.~P. P~YP1=~!l. .~~1=~~... . . p. J. Prothonotary ,', ~ ,', *- '.~ * '.' ~ ~ ~ ~ s ~ '.' ~ \' ~ ' , . -\.3 j: ~ II-. ~ . '" , ~ " " '. LAURA A. FLORES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-2353 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ROBERTO G. FLORES,JR" Delendant SEPARATION AGREEMENT AND PROPERTY SETTLEMENT THIS AGREEMENT. made and entered into this S1'H day of ,\ lJ.~e 1999. between LAURA A, FLORES. of Cumberland County. Pennsylvania. hereinafterreferred to as "Wife". and ROBERTO G. FLORES, JR" of Cumberland COlmty. Pennsylvania, hereinafter referred to as "Husband", WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on May 25.1996 in Cumberland County, Pennsylvania; WHEREAS. there have been no children born of this marriage between Husband and Wife, WHEREAS, the parties hereto are now living separate and [.part and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement. that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, cOlUlsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currenlly owned by her or which she may own in the future. and all rights to alimony, alimony pendente lite, cOlUlsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally bolUld hereby do hereby mutually agree as follows: I. Separation, Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit. free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference, Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the oilIer to cohabit or dwell with him or her by any means whatsoever, 3, Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to ,2- take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower, And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficilll)' had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so, The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personalliabilily for breach ofwarranly or otherwise, Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other. pay any expenses for maintenances, funeral, burial. or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of fmancial assistance whatsoever from the other, except as otherwise expressly provided for herein, 4, Division of Personal Property. The parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their -3. mutual satisfaction, Henceforth, each of the parties sholl own, have and enjoy, independently of any claim of right of the other party, all ilems of personal property of every kind, nature and description and whcresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were Wlmarried, 5. Debts, The parties are joint owners of a personal loan with BELCO Federal Credit Union with an approximate balance in the amoWlt of$2,OOO,OO and ofa VISA credit cord in Wife's nome with an approximate balance of $1,800,00, The parties agree that they will each be responsible for the existing debts in a SO/50 split which outstanding debts will be paid off upon the sale of the marital real estate as discussed below, 6. Future Debts, The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other wiII be liable, that party incurring such debt wiII hold the other hannless from any and all liability thereof. 7. Real Property, The parties agree that the real property located at 21-B Glenwood Drive West, East Pennsboro Township, Cumberland COWlty, Pennsylvania, shall be sold at the earliest possible time. Proceeds from the sale of this real estate shall be first apportioned to the outstanding Mortgage, then to the personal loan with BELCO Federal Credit Union and the VISA credit card accoWlt in the name of Wife, as set forth in Paragraph 5 above, After the payment of all marital debts, as outlined above, the proceeds from the sale of the home shall be split SO/50 between the parties, Both parties agree to execute any and all future documents reasonably related to the transfer of title to the marital home and to cooperate in the prompt payment of all marital debts as outlined above, 8. Waiver of Alimony, In consideration of the mutual agreement of the parties volWltarily to live separate and apart and the provisions contained herein for the respective benefit .4. of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 9. Pension, Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, eamed during the marriage, by the other party, 10. Bankruptcy, The parties acknowledge and agree that they have specifically structured this Agreement so that the temls, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under II U,S,C,~523(a)(5), ~523(aXI5), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit 10 the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party, Both parties further acknowledge that the preceding tenns and representations set forth their actual intent. 11. Counsel Fees and Court Costs, The parties agree to share all legal fees and court costs incurred in the preparation of this Agreement as well as the preparation and filing of the Divorce Action captioned at Laura A. Flores v. Roberto Q, Flores, Jr" No, 99-2353 Civil Tenn and the Custody Stipulation and Order filed at the same number, If either party incurs any other legal fees or court costs over and above those associated with this Agreement or the Divorce or Custody proceedings captioned above, those fees and costs shall be bome by that party exclusively, 12. Divorce, TIle parties acknowledge that an action for divorce between them has .5. been filed by Wife and is presently pending between them in the Court of Common Pleas of Cumberland County to the caption Lnuro A, Flores v, Roberto G. Flores, Jr., No, 99-2353 Civil Tenn, The parties acknowledge their intention and agreement to proceed in said action 10 obtain a fmal decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action, The parties acknowledge they have executed simultaneollSly herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action, 13. Breach, In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the tenns hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, 14, Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. IS. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, This document shall be executed as original and multiple copies, 16, The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them, There are no other representations. warranties, promises, covenants or understandings between the parties other than those expressly set fOlth herein, 17, Incorporation and Judgment for Divorce, In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between .G. them, or othmvise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference, The Court, on entry of judgment for divorce, shall retain the right 10 enforce the provisions and tenns of this marital settlement agreement. 18. Additional Instruments, Each of the parties shall on demand or within a reasonable period thereaner, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement, If either party fails on demand to comply with this provision, that party shall pay to the oUler all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above, WITNESS: /..(L;M,Xt:jri 10h<t )f ~ ,/~ C (;ru/J- LAURA A, FLORES ~$~~~ ROBERTO G. S, JR. .7. COMMONWEALTH OF PENNSYLVANIA COUNTYOFC~ERLAND / On the ..1!:!:... day of ~V/.- . . : SS , 1999, before me, the undersigned officer, a Notlll)' Public, personally appeared LAURA A, FLORES. known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the pwpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. N~M~ NOTARIAL SEAL DeBRA L, EAGLE. Nolaty """"" ClIy 01 H_'ll. Dauphin Cou1ty M CommIaslon E res MllrCh 11, 2002 COMMONWEALTH OF PENNSYLV ANlA 1 I' SS COUNTY OF L't.I~.1 a/.t.a( ; On the..J:!!:. day of ~_ , 1999, before me, the undersigned officer, a Notary Public, personally appeared ROBERTO G, FLORES, JR" known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. NOTARIAL SEAL DeBRA L, EAGLE, Nolllty PubIc , City 01 HllIrisburg. Dauphin Cou1Iy - M Commission Ex res March 11. 2(X)2 ,8, ~ .... ~ .. ~o ..::r 8~ ~ x: ';; '~ "- ~ .'::l;...J '~$ " I '0 ... t,(J:' i!Z /fLU '-!:l :M!E r.~ ::J -- ... ::;; ::; en g 0) , .' LAURA A, FLORES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 99-2353 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v, ROBERTO G. FLORES. JR., Defendant 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) of the Divorce Code, 2, Date and manner of service of the Complaint: Certified mail on May 3,1999. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: August 5, 1999; By Defendant: August 6, 1999. 4. Related claims pending: None. All related claims have been resolved pursuant to Separation Agreement and Property Settlement dated June 8, 1999, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. S, Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code, Waivers of Notice of Intention to Request Divorce Decree were executed by Plaintiff on August S, 1999 and by Defendant on August 6, 1999, and filed simultaneously with this Praecipe, Respectfully submitted, 1.3 ~ \'L't'1 Date ~ ~.~u~ 331 Bridge Street, Suite 350 Post Office Box 461 New Cwnberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff ~ .... ~ S2 .:7 si x: t5~ Cl... 01 6P: \,C) z !:!:l'S. ~ u:lL1 <.!:l ffi i!: ::l OJ -= ::s ~ (7'l a (7'l LAURA A, FLORES, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, 99. ..2 3 ~- .3 CIVIL TERM ; CIVIL ACTION - LAW : IN DIVORCE ROBERTO Q, FLORES, JR" Defendant COMPLAINT IN DIVORCE I. Plaintiff is Laura A, Flores, an adult individual, currently residing at 1800 Brandt Avenue, New Cwnberland, Cwnberland County, Pennsylvania, 2, Defendant is Roberto Q, Flores, Jr" an adult individual, currently residing at 4345 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania, 3, Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on May 25, 1996 in Cumberland County, Pennsylvania, 5, There have been no prior actions for divorce or annulment between the parties, 6. The Defendant is not a member of the Anned Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling, 8, Plaintiff and Defendant are citizens of the United States of America, 9. The parties have lived separate and apart since January 27, 1999 and continue to live separate and apart as of the date of this Complaint. . P 425 990 923 $pedal OeIlvery Fee ..-- . ._ ~, _01' for_ _, I oJoowlah to noceIve tI1e 'I ._"""" 3.... ond 4b, foIlowtng ..NIce. (tor an I IIPrtn1 YOWr'IInMIlndadd18H onlhll'l......ofthls form 10 thai weean returnthl. extra fee): . .=.r:-ronn....._of..._.oron.........opac:o_not 1,0 Addr.....'.Addr... ~1: I! .~R..."RICII..Iloq_'on..._boIow..._numbor, 2,~R.strlctsdDelIv.ry 1 ti 111111 RII..., RtctlpI wlIlhow to whom thllI'tId. we. dtGvnd and Iha dale ~it ~ Ii -, II poe1masl.rtor ,.., 1:, 1~.Addr.888dto: 4a,~;:;'"r99" 9'0l$ jd!::, 'f<lDtJ~l!.7'D (]., ;::i..~AfFS JI(. _ 4b, S.rvlce Type /) , 0 R.glsl.red 16'1-5 C~L/SL€ 'Pt~c 0 Expr8lllMaIl ~ (!1Im1'1I1/-I.. 1J4 /7()// ~D':::f= i: ~ "', ~I I I I ecelpl ~ ,o;'} _. f: UJr~ 0...;.;;" c..','. x: u~ ri:~ tJ,r.. Cl.. Q~ .:q .3' 3(J') '-' ' I .z u.;(~ (r-z ::! >- .iJw "'" r~n.. ,.. :I: -, il. en => C. en U :>0- r-- ~ ~ C .:z sf ~~ ::c: ~ff! ~2 CL. ~f Y:) ~iiJ - t..L... g ~a:; '<>: d lI.. <7l 0 <7l >- ,.... ~f ~ - fj8 .:; IE J,t: ~I 90 On: 0..0 ,3 !:Br"- - a;:lLJ !5 ffj 'I; f., q ~~ 1'5 0'> 0'> , LAURA A, FLORES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 99-2353 CIVIL TERM ROBERTO G, FLORES. JR,. Defendant : CIVIL ACTION - LA W : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 20, 1999, 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 the final Decree of Divorce after service of notice of intention to request entry of the decree, I VERIFY TIIA T THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND TIlAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA C,S, SECTION 4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. ~/cr/7} Date )4~?Y~ ROBERTO G, FLORE . R, - SSN: 199-58-5948 >- ,... ~ ~ .. 8~ 0 .:r ~5 :c L.:I: 0... (~i e) I- z Sf;? <D :3 CL ~~ -flU ~ CZ:-,. ~ j::' ex a ~ 0\ (7\ " ...:-~'~ >- I'- ~ ~ ..., .. ~Q -3 81 It, 2 x: ~0 0- Q::l Y:l ~>- Iii: ~~ fC~~! Cl fg~ ;::: :;, ocr ~ I.:.. 0"1 a 0 0"1