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IN THE COURT OF COMMON FLEAS
OF CUMBERLAND COUNTY
STATE OF ?'??? F, 'I PENNA.
CONSTANCE F. MARTINEZ,
...... ....................
Plaintiff N o.......99..-..7777
...............................
Versus
............... RANDY..J.,_MARTINEZ,
n
...... __.. ........_...__.........Defendant ..... .........
1)
DECREE IN
DI VORCE
AND NOW, .... ' ?'11'v`t . 2? ......... K,V. 2000. , it is ordered and
decreed that ............ . CONSTANCE F. MARTINEZ plaintiff,
and ..................... ..RANDY J. MARTINEZ defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; None
It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions
Ofa certain Marital Settlement Agreement between the parties dated. Decemher.27.,.1999,.and
attached hereto, are incorporated in this Decree in Divorce by reference as fully as if the same
wefe'set'foitti fidiein a't letigtli. - Said A•greet'rieiit'shall'ridf riie'r j4i'tfi litit'shall'stirviLe tfiis '
By( The
Attest:
Prothonotary
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Z?x .-... "I'- ......... - ?
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MARITAL SETTLEMENT AGREEMENT
I_i
AGREEMENT, made this9day of ' 1999, by and between CONSTANCE
F. MARTINEZ, hereinafter referred to as "Wife", and RANDY I MARTINEZ,
hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on June 21,
1980, and there are two children born of this marriage, Chelsea F. Martinez, born January 3,
1988, and Cameron F. Martinez, bom November 21, 1990;
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties, and it is the desire of Husband to pursue a divorce and therefore it is the intention of
Wife and Husband to live separate and apart for the rest of their natural lives, and 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 by specification: the settling of
all matters between them relating to the ownership of real and personal property, the equitable
distribution of such property; the settling of all matters between them relating to the past, present
and future support and/or maintenance of Wife by Husband or of Husband by Wife; the settling
of all matters between them relating to the parties' minor children including custody, visitation
and support; and, in general, the settling of any and all claims and possible claims by one against
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the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable considerations,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1 AGREEMENT NOT A BAR TO DIVORCE PRO DINGS. This
Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on
lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be
available to either party. This Agreement is not intended to condone and shall not be deemed a
condonation on the part of either party hereto of any act or acts on the part of the other party
which have occurred prior to or which may occur subsequent to the date hereof.
2. EFFECT OF DIVORCE DECREE The parties agree that, unless otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final decree in divorce may be entered with respect to the parties. It is the intent of the
parties hereto that this Agreement shall create contractual rights and obligations entirely
independent of any Court Order and that this Agreement may be enforced by contract remedies
in addition to any other remedies which may be available pursuant to the terms of this Agreement
or otherwise under law or equity.
3, v. ?cn r iA CST TO BE Il\ O PO ATFD IN DIVORCE DECREE The
parties agree that the terms of this Agreement shall be incorporated, but not merged, into any
divorce decree which may be entered with respect to them. The parties further agree that the
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Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction
over the parties and the subject matter of the Agreement for the sole purpose of enforcement of
any of the provisions thereof and not for modification of the Agreement.
4. DATF nF FXFCi1T101V. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or "execution
date" of this Agreement shall be defined as the date of execution by the party last executing this
Agreement.
5, ADS^CE OF OUNSEL•. The provisions of this Agreement and their legal
effect have been fully explained to Husband by his attorney, Diane S. Baker, Esquire, and to
Wife by her attorney John C. Howett, Jr., Esquire. The parties acknowledge that they fully
understand the facts and have been fully informed as to their legal rights and obligations, and
they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and
that it is being entered into freely and voluntarily, after having received such advice and with
such knowledge and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements. The parties further acknowledge that they have each made to the other a full and
complete disclosure of their respective assets, estate, liabilities, and sources of income and that
they waive any specific enumeration thereof for the purposes of this Agreement. Each party
agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of
such disclosure in any legal proceeding involving this Agreement, with the exception of
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disclosure that may have been fraudulently withheld.
6 PERSONAi RIGHTS. Wife and Husband, at all times hereafter, may and
shall live separate and apart. They shall be free from any control, restraint, interference or
authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each
may, for his or her separate use or benefit, conduct, carry on and engage in any business,
occupation, profession or employment which to him or her may seem advisable.
7 -.., ff&U N RECONCILIATION. The parties agree that the terms of this
Agreement shall not be affected by their subsequent co-habitation or resumption of marital
relations, unless the parties otherwise specifically agree in writing.
g. MUTUAL RFI EASU Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of the other, for all time to come,
and for all purposes whatsoever, of and from any and all rights, title 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 or wheresoever situate, which he or she now
has or at any time hereafter may have against the other, the estate of the other or any part thereof,
whether arising out of any former acts, contracts, engagements or liabilities of the 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 the 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
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United States, or (c) any other country, or any rights which either party may have or at any time
hereafter shall have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
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 and agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision thereof. It is further agreed
that this Agreement shall be and constitute a full and final resolution of any and all claims which
each of the parties may have against the other for equitable division of property, alimony,
counsel fees and expenses, alimony pendente lite or any other claims pursuant to the
Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
9. RFTIREMENT ACCOUNTS AND PENSION PLANS. Husband was
employed during the marriage by the United States Air Force and as a result of that employment
receives a monthly pension. Husband agrees that Wife shall receive fifty percent (50%) of the
disposable retired pay as her equitable distribution share of this asset. Payment of the monthly
pension benefit shall be made directly to Wife pursuant to a Qualified Domestic Relations Order
or such other Order as is appropriate. Any cost of living increases shall also be shared equally by
the parties. Wife shall be responsible for preparation of a Qualified Domestic Relations Order or
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such other Order as is appropriate to be prepared by Harry Leister or as otherwise agreed by the
parties. The costs of preparation of the Qualified Domestic Relations Order or such other Order
as is appropriate shall be shared equally by the parties. It is agreed that Wife does not have any
employment related retirement accounts, pension plans or deferred compensation plans. Both
parties shall execute all documents necessary to give effect to this paragraph upon request.
lo. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they
have divided their tangible personal property, including, but without limitation, jewelry, clothes,
furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works
of art and other personal property in as equitable a manner as possible. All such property
currently in possession of Wife shall become the sole and exclusive property of Wife. All such
property currently in possession of Husband shall become the sole and exclusive property of
Husband. The parties do hereby specifically waive, release, renounce and forever abandon
whatever claim, if any, he or she may have with respect to the above items which shall become
the sole and separate property of the other. Both parties acknowledge that effective the date of
execution of this Agreement they shall be solely responsible for obtaining personal property
insurance as appropriate on their personal property.
11. AFT R A QJTLRFD PERSONAL. PROPERTY. Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the other, all items of personal
property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or
she were unmarried.
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12. AUTOMOBILES. The parties are the owners of a 1998 Ford Windstar which
shall become the sole and separate property of Wife and she shall be solely responsible for the
debt on said vehicle with Ford Credit, account number BJA185LXFQ, and shall indemnify and
hold Husband harmless therefrom. Husband agrees that upon request he will sign the title or a
power of attorney allowing transfer of the title on this vehicle by Wife. Husband is the owner of
a 1999 Dodge Dakota Pick-up truck which was purchased post-separation and shall remain as his
sole and separate property. Husband shall be solely responsible for any debt on this vehicle and
shall indemnify and hold Wife harmless therefrom. Both parties acknowledge that it shall be his
or her sole and separate responsibility to maintain appropriate insurance on their respective
vehicles as of the date of execution of this Agreement.
13. BANK ACCOUNTS. The parties agree that they have no joint bank
accounts. Any individual accounts owned by the parties shall become the sole and separate
property of the party in whose name the account is currently titled and both parties waive any
rights they may have to the bank account(s) of the other.
14. INDIVIDUAL RETIREMENT ACCOUNTS. The parties are each the
owners of an Individual Retirement Account which shall become the sole and separate property
of the title owner. Fidelity Destiny I, account number 7069315406-3, valued at approximately
$19,000 shall become the sole and separate property of Husband. Fidelity Destiny H, account
number 7049115881-8, valued at approximately $19,000 shall become the sole and separate
property of Wife. Both parties waive any rights they may have in the Individual Retirement
Account of the other.
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15. CURRENT LIABILITIES- During the course of the marriage the parties
accumulated several debts which they agree are marital. Husband agrees that he shall be solely
responsible for the following marital debts and shall indemnify and hold Wife harmless
therefrom:
a. Pentagon Federal Credit Union, account number 23476658-77, approximate
debt: $11,500;
b. First Command Bank, account number 2034650, approximate debt: $25,000; and,
c. USAA Mastercard, account number 5420 3961 6736 3244, approximate debt:
$9,500.
It is acknowledged that after separation of the parties, Husband refinanced the aforementioned
debts with Pentagon Federal Credit Union and USAA Mastercard into a loan in his name with
FirstUSA Mastercard, account number 5417 1267 8749 5117 and he shall be solely responsible
for this new debt. Except as set forth above and elsewhere in this Agreement, the parties agree
that they have no joint liabilities. All remaining debts accumulated during the marriage are in the
sole and separate name of the individual parties and shall become the sole and separate
responsibility of the named party.
16. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligations for which
the estate of the other party may be responsible or liable, except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless for and against
any and all such debts, liabilities or obligations of every kind which may have heretofore been
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incurred by them, including those for necessities, except for the obligations arising out of this
Agreement.
17. WARRANTY AS TO FUTURE. OBLIGATIONS. Wife and Husband each
covenant, warrant, represent and agree that, with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold harmless the other party for and
against any and all debts, charges and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided for by the terms of this
Agreement.
18. LIFE INSURANCE. Any life insurance policies owned by the parties
shall become the sole and separate property of the party in whose name the policy is in. Both
parties specifically waive any rights which they may have to said policies by virtue of having
been a named beneficiary thereon. Husband agrees however that he shall continue to maintain
the life insurance policies in the amount of $25,000 each with All American Life on the minor
children Chelsea (account number L2139082) and Cameron (account number L2162708). These
policies shall be maintained until the minor child attains age 18 when the cash out values may be
used for education costs or at Husband's discretion for the benefit of the child.
19. REAL ESTATE - MARITAL RESIDENCE. The parties were previously
the owners of a residence in Upper Marlboro, Maryland which was sold on July 28, 1999. Wife
received the entire proceeds from the sale, the sum of $21,823.63. Husband agrees that in
addition to the funds already received by Wife, he will pay to her the sum of five thousand
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dollars ($5,000) representing the return of escrow on the mortgage which is marital property.
Payments shall be made to Wife in the amount of five hundred dollars ($500) per month
beginning January 1, 2000, or upon entry of a Final Decree in Divorce, whichever comes last,
and shall continue for ten (10) months until the debt is paid in full. Payments shall be made by
check and mailed by Husband directly to Wife.
20. PAST M TAXES. The parties have heretofore filed joint Federal and
state tax returns. Both parties agree that in the event any deficiency in Federal, state or local
income tax is proposed, or any assessment of any such tax is made against either of them, each
will indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense incurred in connection therewith.
Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or failures to disclose the nature and
extent of his or her separate income on the aforesaid joint returns. Husband will provide Wife
with copies of all past joint tax returns in his possession upon request by Wife.
21. RANKRIMMY, It is hereby understood and agreed by and between the
parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy .
proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy.
Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to him/her which have
been initiated by others.
22 PAY"'fEN OFLEGAL.
Husband agrees that he shall pay Wife's
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attorney's fees to her attorney, John C. Howett, Jr., Esquire in an amount not to exceed $1500,
for negotiation and review of this Agreement. Wife acknowledges that Husband has already paid
$842.07 to Mr. Howett and thus Husband's future contributions to Wife's attorney's fees shall
not exceed $657.93. Additionally, if Wife files the complaint in divorce and finalizes the
divorce, Husband will contribute an additional five hundred dollars ($500) towards Wife's
attorney's fees. Husband shall be responsible for payment of his own attorney's fees and Wife
shall be responsible for payment of her attorney's fees to the extent they exceed $2000 as set
forth above.
23. ALIMONY ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT
Effective the date of the execution of this Agreement, Husband agrees to pay to Wife the sum of
sixteen hundred dollars ($1600) per month for Wife's separate support and maintenance for a
period of five (5) years. This separate support and maintenance obligation shall continue
regardless of Wife's remarriage or cohabitation but shall terminate upon the death of either party.
The parties agree that the entire amount being paid to Wife pursuant to this Paragraph is a
separate maintenance periodic payment, included and intended to be included with the income of
Wife and deductible from Husband's gross income pursuant to the meaning and intent of Section
71 of the United States Internal Revenue Code. The parties acknowledge that the alimony
provisions herein have been negotiated to take into account the parties' overall economic
•r circumstances and neither party will seek a modification hereof in any court. Husband shall
make payment directly to Wife by direct deposit into her bank account or as otherwise agreed by
the parties. Payments shall be made in accordance with Husband's pay schedule which is
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currently bi-weekly. If Husband shall become more than fourteen (14) days delinquent in
making his alimony payment, Wife shall be entitled to request a wage attachment through the
Office of Domestic Relations and shall also be entitled to costs of collection and reasonable
attorney's fees.
24. CHILD CUSTODY. Husband and Wife shall share legal custody of their
minor children Chelsea and Cameron and shall cooperate and consult with each other concerning
major issues such as education, religion and medical decisions. Wife agrees that she shall
provide Husband with copies of all important school documents such as school notices,
schedules, and report cards. Wife shall have primary physical custody and Husband shall have
partial physical custody on alternate weekends or as otherwise agreed upon by the parties.
Weekends shall begin at 6:00 p.m. Fridays and end at 6:00 p.m. Sunday except that they may
continue though Monday if Monday is a holiday. In addition to the aforementioned schedule the
parties shall alternate major and school holidays. Thanksgiving shall be with Wife in odd
numbered years and Husband during even numbered years. Easter break shall be with Wife in
even numbered years and Husband during odd numbered years. The Christmas break shall be
split equally such that the children are always with Wife for Christmas Eve and Christmas Day
and with Husband the second part of the school vacation to include New Year's Eve and New
Ma1MUN. C4ur 1
Year's Day. Husband shall be entitled to a a3itm o weeks AithAF •-seneeeutive-vacation time with the children in the summer and shall give Wife thirty (30) days
written notice of the intended vacation schedule. Both parties shall cooperate with each other for
the benefit of the children especially regarding schedules. The parties agree that they will
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rearrange the alternating weekend schedule as necessary to accommodate special family events
such as weddings and also the children's schedules including religious, school and sport
activities. Both parties shall be entitled to reasonable telephone contact when the children are in
the custody of the other and both parties shall keep the other informed of addresses and phone
numbers where the other can be reached in the event of an emergency.
Cr±•r D SUPPORT. Husband shall pay support to wife for the children in the
25.
amount of $2000 per month. This child support amount shall increase annually by five percent
(5%) or the Consumer Price Index, if higher, on the anniversary date of the date of execution of
this Agreement. When each minor child attains age 18 and graduates from high school or is
otherwise not entitled to child support as set forth in the Supreme Court Support Guidelines or
other law of competent jurisdiction, the then current amount of child support shall decrease by
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percent /o) when the first child is no longer eligible for support and shall terminate when
Cboth children are no longer eligible for support. If however, either or both children continue to
live at home (full-time) with Wife, Husband's full child support obligation for that child shall
continue until age 22 or at such time as the child is no longer residing at Mother's residence,
whichever occurs first. As additional child support, Husband shall contribute up to one hundred
fifty dollars ($150) per child per month for musical, dance and/or equestrian lessons. All such
activities shall be billed directly to Husband. Husband's obligation to pay for the activity shall
• r terminate if the child does not attend a minimum of seventy-five percent (75%) of the scheduled
lessons unless the child is ill. The above set forth amounts of child support including the activity
fees may be modified by either party in accordance with the Supreme Court Support Guidelines
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except that Husband may not seek a reduction except upon change of circumstances such as after
a reduction in his income or when one or both of the children are no longer entitled to support. If
Wife files for child support or a modification thereof with the Office of Domestic Relations or
other court of competent jurisdiction, then Husband's obligations under this paragraph including
child support, activity fees and post high school support shall terminate and Wife shall only be
entitled to support pursuant to the Supreme Court Guidelines or as otherwise directed by a court
of competent jurisdiction. Husband shall make payment directly to Wife by direct deposit into
her bank account or as otherwise agreed by the parties. Payments shall be made in accordance
with Husband's pay schedule which is currently bi-weekly. If Husband shall become more than
fourteen (14) days delinquent in making his child support payment, Wife shall be entitled to
request a wage attachment through the Office of Domestic Relations and shall also be entitled to
costs of collection and reasonable attorney's fees.
26. HEALTHCARE COVERAGE FOR CHILDREN. Health insurance,
including dental insurance, for the children shall be provided by Husband. Husband further
agrees that he will pay for any orthodontia care required by the minor children so long as the
orthodontic treatment is reasonably necessary and the child is age 18 or younger. If child support
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as set forth in paragraph 25 of this Agreement is modified by cW=r="y through the Office of
Domestic Relations or other court of appropriate jurisdiction then health care coverage and
r orthodontia expenses shall be as directed by that court. Husband shall continue to provide
coverage for the children through college or for so long as it is available at a reasonable cost
through his employment.
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27. HEALTHCARE COVERAGE FOR WIFE. Husband agrees that he shall
continue to provide healthcare coverage for Wife until such time as the divorce is final. Husband
also agrees that he shall pay all of Wife's outstanding medical costs including deductibles and
co-pays incurred by Wife for medical care that was reasonably necessary up to the date of
execution of this Agreement. Upon finalization of the divorce, Husband agrees that he shall
contribute directly to Wife one hundred twenty five dollars ($125) per month towards the costs
of healthcare coverage for Wife through Husband's employment under the COBRA plan or as
otherwise available to Wife. Wife shall be responsible for any additional cost of coverage and
for coordinating the coverage with the third party administrator at Husband's employer or
through an alternate healthcare provider. This provision shall lapse when Wife is eligible for
equivalent coverage through her employment or after three (3) years, whichever occurs first. If
however, Wife acquires health insurance through her employer and there is a cost to her,
Husband shall continue to contribute either the cost to Wife of the health insurance or $125 per
month, whichever is less, for up to three years from the date of finalization of the divorce. If
Wife remarries, Husband's obligation to provide healthcare coverage for Wife as set forth above
shall cease.
28. PRIVATE SCHOOL FOR CHILDREN. Husband agrees that he shall
continue to pay the tuition costs for the minor children to attend Catholic School through high
., school. Wife shall be responsible or all other fees including books, uniforms and activity fees.
29. WIFE'S COLLEGE COSTS. Husband agrees that he shall be responsible
for the tuition costs including books, lab and registration fees for thirty-three (33) credit hours
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towards Wife obtaining a Master's Degree at Shippensburg University or a teacher's certificate at
Shippensburg or another college. If Wife relocates or chooses to attend a different college,
Husband's obligation shall not exceed the cost of Shippensburg University by ten percent (10%).
If Wife fails to complete her education within five (5) years of the date of this Agreement, this
obligation shall cease.
rr.tiDRFN'S COLT EGG COSTS. Husband agrees that he shall
30.
contribute the sum of forty thousand dollars ($40,000) each towards the costs of a four year
undergraduate college education for each of the minor children. Husband shall contribute this
money to a savings or investment plan with the contribution being made no later than upon each
child's graduation from high school. This college money shall be used by the child for college
costs after that child has obtained all available loans, grants and work study programs. Husband,
Wife and the child shall be involved in the choice of college with at least two of the three
involved parties (Husband, Wife and child) agreeing on the choice of college. If, after the child
has obtained all available loans, grants and work study programs the costs of college exceed the
afore-mentioned $40,000 contribution, Husband shall be responsible for the remaining costs.
Graduate school expenses shall be shared by Husband and child after the child has obtained all
available loans, grants and work study programs. In the event that one or both of the minor
children attain age 24 and have not utilized all or some of the above stated college savings fund
established by Husband, that fund shall revert back to Husband.
31. 1"11NQQME1AXU- The parties agree that they shall file joint federal,
state and local income taxes for the 1999 tax year
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In the event that the parties are entitled to a
refund, it shall be split equally between the parties. Husband shall be responsible for any taxes
owed and shall indemnify and hold Wife harmless therefrom.
32. TAX DEDUCTIONS FOR MINOR CHIL.DR M The parties shall share
the exemption for income tax purposes for each of the children for taxable years including and
subsequent to 2000. Husband shall be entitled to claim Chelsea in odd numbered years and
Cameron in even numbered years. Wife shall be entitled to claim Cameron in odd numbered
years and Chelsea in even numbered years. Wife shall execute any forms or acknowledgments
required by the tax authority to provide Husband with said dependency exemption upon request
so long as he is current in his obligations under this Agreement.
33. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The
parties hereby agree and express their intent that any transfer of property pursuant to this
Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of
property between spouses and former spouses. The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue Service to render the Act
applicable to the transfers set forth in this Agreement without recognition of gain on such
transfers and subject to the carry-over basis provisions of the said Act.
34. *'*'TLiAi CONSENT DIVORCE. The parties agree and acknowledge that
their marriage is irretrievably broken and that they both consent to the entry of a decree in
divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may
be amended (herein referred to as the Code). Accordingly, both parties agree to execute such
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consents, affidavits, or other documents and to direct their respective attorneys to file such
consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a
divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by
the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action
shall execute any waivers of notice or other waivers necessary to expedite such divorce.
35. WAIVER OR MODIFICATION TO B . INKING. No modification or
waiver of any of the terms hereof shall be valid unless in venting and signed by both parties, and
no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent
default of the same or similar nature.
36. MUTUAL COOPERATION. Each party shall, at any time and from time to
time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any
and all further instruments and/or documents that the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this Agreement.
37. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect
as of the date of execution of this Agreement.
38. A SiR FMENT BINDING HEIRS, This Agreement shall be binding and shall
inure to the benefit of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
39. OTHER DO UMENTATION. Wife and Husband covenant and agree that they
will forthwith (and within at least ten (10) days after demand therefor) execute any and all
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written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper effectuation of this Agreement.
40. NO WAIVER OF DEFAULT. 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 provisions of this Agreement shall
in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any
default or breach of any provision hereof be construed as a waiver of any subsequent default or
breach of the same or similar nature, nor shall it be construed as a waiver of strict
performance of any other obligations herein.
41. ENTIRE AGREEMENT. This Agreement contains the entire understanding
of the parties, and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein. The parties further acknowledge that any previous agreements
between them are incorporated herein.
42. ENFORCEMENT OF AGREEMENT. If either party breaches any provision
of this Agreement, the other party shall have the right, at his or her selection, to sue for damages
for such breach or to require specific performance. The party breaching this Agreement shall be .
responsible for payment of legal fees and costs incurred by the other party in enforcing their
rights under this Agreement or for seeking such other remedies of relief as may be available to
him or her.
43. SEVERABILITY. If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law otherwise, then only that term,
19
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 any one or more of the paragraphs
herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or
alter the remaining obligations of the parties.
44. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text
of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement, nor shall they affect its meaning,
construction or effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first above written.
WITNESS
'I
?SS
CONSTANCE F. MART Z
Pal 1. ??
TINE
1
20
COMMONWEALTH OF PENNSYLVANIA ;ss.
COUNTY OF
On this, the ? day of etc` 1999, before me a Notary Public of the
Commonwealth of Pennsylvania personally appeared CONSTANCE F. MARTINEZ known to
me to be the person whose name is subscribed to the within Agreement and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
?,.__-?Notary Public
Notarial Seel
MeryJ. QoutteduNmb?eriannudN
. OM
s1wr spring PA E
My Commission Exptrae Nov. 77,
Mein `'e
21
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
:ss.
On this, the ICI ` day of nlcyec,A-,,-.c , 1999, before me, a Notary Public for the
Commonwealth of Pennsylvania, personally appeared RANDY J. MARTINEZ known to me to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
NOTARIAL SEAL
MELISSA A. POLING, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires Sept. 1, 2003
22
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSTANCE F. MARTINEZ, )
Plaintiff )
V. ) NO. 99-7777 CIVIL TERM
RANDY J. MARTINEZ, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce: Irretrievable breakdown under [§3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: Service accepted by Diane Sommers
Baker, Esquire on January 4, 2000; Acceptance of Service filed January 10, 2000.
3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code:
by plaintiff, April 10, 2000; by defendant, April 10, 2000.
4. Related claims pending: All claims resolved by Marital Settlement Agreement executed
by the parties on December 27, 1999.
5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary:
April 14,2000; date defendant's Waiver of Notice in §3301(c) Divorce was filed with
the prothonotary: contemporaneously herewith.
Date:
Cindy S. nley, Esquire
HOWETT, KISSINGER & C NLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff
Constance F. Martinez
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSTANCE F. MARTINEZ,
Plaintiff )
V. ) N0.QQ 7717- Sa-rq
RANDY J. MARTINEZ, ) CIVIL ACTION - LAW
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 claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for 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) 240-6200
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSTANCE F. MARTINEZ, )
Plaintiff )
V. )
RANDY J. MARTINEZ, 1
Defendant )
NO.`?';'-'77'7'f CIVIL
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes Plaintiff, Constance F. Martinez, by and through her counsel, Hewett,
Kissinger & Conley, P.C., who states the following in support of the within Complaint:
I. Plaintiff is Constance F. Martinez, an adult individual who currently
resides at 3511 Stockwood Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is Randy J. Martinez, an adult individual who currently resides
at 4549 Lantern Place, Alexandria, Virginia, 22306.
3. Plaintiff has been a bona fide resident in the Commonwealth of
Pennsylvania for a period of at least six (6) months immediately preceding the filing of this
Complaint.
4. Plaintiff and Defendant were married on June 21, 1950 in Camp Hill,
Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. There have been no prior actions for divorce or annulment of the marriage
instituted by either of the parties in this or any otherjurisdiction.
Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
8. The marriage of the parties is irretrievably broken.
9. The parties have lived separate and apart since in or about September 19,
1998.
10. Plaintiff requests the court to enter a decree of divorce.
Date: 1 Z /5
Respectfully submitted,
cI91?r(C. Howett, Jr., squire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff
Constance F. Martinez
VERIFICATION
I, Constance F. Martinez, hereby swear and affirm that the facts contained in the
foregoing Complaint in Divorce are true and correct to the best of my
knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date. December 28, 1999
Constance F. Martinez
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSTANCE F. MARTINEZ,
Plaintiff )
V. ) NO. 99-7777 CIVIL TERM
RANDY J. MARTINEZ, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
ACCEPTANCE. OF SERVICE
I, Diane Sommers Baker, Esquire, hereby accept service of the Complaint in Divorce,
i
filed on December 30, 1999, on behalf of Defendant, Randy J. Martinez.
Date: 1-Y- O o
Diane Sommers Baker, Esquire
27 South Arlene Street
P.O. Box 6443
Harrisburg, PA 17112-0443
Telephone: (717) 671-9600
Counsel for Defendant
Randy J. Martinez
u.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSTANCE F. MARTINEZ, )
Plaintiff )
V.
RANDY J. MARTINEZ, )
Defendant )
NO. 99-7777 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
A complaint in divorce under §3301(c) of the Divorce Code was filed on
December 30, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to
unswom falsification to authorities.
Date: T??a-Oa
Constance P. Martinez, Pla tiff
Osman=
M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSTANCE F. MARTINEZ,
Plaintiff
V. )
RANDY J. MARTINEZ, )
Defendant )
NO. 99-7777 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(0 OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unswom falsification to authorities.
Date:
Constance F. Martinez, a!ntiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSTANCE F. MARTINEZ, )
Plaintiff )
V. )
RANDY J. MARTINEZ, )
Defendant )
NO. 99-7777 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
A complaint in divorce under §3301(c) of the Divorce Code was filed on
December 30, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to
unswom falsification to authorities.
Date: AatL 10, OZOOo
Randy J. a tine ., Def dant
Ir.-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CONSTANCE F. MARTINEZ, )
Plaintiff )
V. )
RANDY J. MARTINEZ, )
Defendant )
NO. 99-7777 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
43301 (c) OF THE DIVORCE CODE
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.
I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date: APRIL 10-11 ;Icoo RV
Rand J. a tine• , Defe ant
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