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HomeMy WebLinkAbout07-4078a/ RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ~"~' X0'7$ Civ1 (Term RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE 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 maybe entered against you by the court. A judgement 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 at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NER0 SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. o ~• X16 7 Q' RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Rachel McDevitt, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Rachel McDevitt, an adult individual with a mailing address of P.O. Box 1564, Camp Hill, Pennsylvania 17001. 2. Defendant is Ricardo Pardo, an adult individual who currently resides at 2863 Russell Road, Camp Hill, Pennsylvania. 3. Plaintiff 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. 4. The Plaintiff and Defendant were married on August 4, 2001 at Pharr, Hidalgo County, Texas. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the United States Army or its allies. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so advised, Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Rachel McDevitt, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. Respectfully submitted, Catherine A. Boyle, Esqui Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 VERIFICATION I, Rachel McDevitt verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that falsE statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated : I - ~ - ~ ~ ~L.P~ ,/ ~~, P~~ (X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 ~-E ~ ~ ~ * ~ ~-0~ U) ~ , ~ ~ v D tr'_~ ~~=~ ,., c T,_.._ c..~~ ~::: 0 r~~ 'i't r$'i '~~::'7 ;f `_F _:,-_; -~ rid =, RACHEL MCDEVITT, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 4078 Civil Term RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIVORCE PROOF OF SERVICE OF COMPLAINT IN DIVORCE MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 4078 Civil Term RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 1 T~ day of July, 2007, a copy of Proof of Service of Complaint in Divorce was sent VIA U.S. Mail to: Ricardo Pardo 2863 Russell Road Camp Hill, PA 17011 Respectfully submitted, ~- Catherine A. Boyle, Esquire MEYERS, DESFOR, SALT IVER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 f: ;`• 1 `~ 4;.,J -..i -~~ ~.,y ' -'-~ L. ~i~: ~,, - -„_-~ --„_ C.. ~. y-;; ~ ~' ~ .. `~ c RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 4078 Civil Term RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 9, 2007. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of 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. § 4904 relating to unsworn falsification to authorities. Date: 10/10/2007 Rachel L. McDevitt MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2617 t'~ ~ ° p ~i "Fl L ~~e ~... Q '" _ .: ~ ~.i. C ~ .,,,,t t77 ~ l.Iy _ ~... I't'; T ~ ` y C> ~ W J "` ~ 't GJ --~' ' Y4 RACHEL MCDEVITT, Plaintiff v. RICARDO PARDO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 4078 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 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 10/10/2007 U i e Rachel L. McDevitt MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 r-a ~-,n;; ~~. ~ ~~~ ..` f '.. f y,,, ,~'~ -~ ~_~> a ~ "~' ~ _ . =w 4.aJ l G v ~ ~ , ~. , RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 07 - 4078 Civil Term RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 9, 2007. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of 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. § 4904 relating to unsworn falsification to authorities. Datc: f~ ()r F y~ ~ ~ Ricardo Pardo MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 C~ ~ '" ~~ ~, r. ~~ ± ~ : n ... ~ . ' V ''S.`; t'~'; -~„"'~ -... r~ ~ V •y._ I ~ {. f ~t ..r,~ ~.Y i . ~ . . ~Y~ ~ RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 4078 Civil Term RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(Cl 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 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 l~' y~ 07 Ricardo Pardo MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 C~ ~ C Q O - °'C. t=- ~ ~ ---~ -'~' -~ca -^~ _ ~.~ ~~ _.. Y•, ~ , s 1..F/ / ~~\ ry~ a7~ yo~8 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ~~ay of k ~Sd'', 2007 by and between Rachel McDevitt, (hereinafter referred to as "Wife") of Camp Hill, Pennsylvania and Ricardo Pardo (hereinafter referred to as "Husband") of Camp Hill, Pennsylvania. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 4, 2001 in Pharr, Hidalgo County, Texas; and WHEREAS, no children have been conceived of this marriage; WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1. DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 2. FULL FORCE AND EFFECT: This Agreement shall continue in full force and 2 i~~~~ ..~ effect until such time of final Decree in Divorce is entered. 3. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 4. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, July 9, 2007, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, July 9, 2007, he has not and in the future he will not, contract or incur 3 any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties' incomes and financial conditions. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims 4 under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to 5 take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Catherine A. Boyle, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Weir Wilson, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, 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. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein 6 are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 14. EQUITABLE DISTRIBUTION: a. DISPOSITION OF REAL PROPERTY: The parties own real property located at 2863 Russell Road, Camp Hill, Pennsylvania, which is the former marital residence. The property is encumbered by a mortgage with Homecomings Financial account #7440812501 with an approximate outstanding balance of $241,541.00. The property is currently listed for sale for $289,900.00. The parties agree that said property shall remain listed for sale until it is sold. The Listing Agreement andJor sale price shall only be modified upon agreement of the parties. 7 Upon sale of the property, the parties agree to pay the following prior to any distribution of proceeds to either party: (1) The mortgage with Homecomings Financial; (2} Any agreed upon broker's fees and/or commissions; (3) Any agreed upon closing costs and/or fees; and, (4) Any pre-payment penalty accessed by Homecomings Financial for pre-payment of the mortgage. Any net proceeds remaining after the payment of the items set forth herein, shall be divided equally between the parties. To the extent there is any shortfall and/or balance due to satisfy any of the items set forth herein, the parties agree to be equally responsible for payment of same. Any tax consequences resulting from the sale of the property shall be borne equally by the parties. The parties agree that Husband shall reside in the property until it is sold. Husband agrees that he alone shall be responsible for payment of the mortgage until the property is sold. Husband shall indemnify and save harmless Wife from any and all claims or demands made against said mortgage. Husband agrees to be responsible for any and all real estate taxes due on the residence including any past due taxes on the residence until the property is sold. Husband agrees that he shall indemnify and save harmless Wife from any and all claims or demands made against her for said property taxes. Husband shall also be responsible for payment of all utilities, insurance, 8 maintenance and/or any other costs or fees associated with the residence until it is sold. Husband shall indemnify and save harmless Wife from any and all claims or demands made against her for said utilities, insurance, maintenance and/or any other costs or fees associated with the residence. b. Accounts: (1) The parties agree that Wife shall keep the following accounts as her sole and exclusive property: (a) Franklin Templeton Mutual Fund/Roth IRA account # 101- 7077018944 with an approximate balance of $6,004.80; (b) Franklin Money Fund account # 111-11118697417 with an approximate balance of $617.19; (c) Bank of America account #226000415453 with an approximate balance of $2,217.05; (d) Banc First account #5224002468 with an approximate balance of $2,538.16; (e) Teacher's Retirement of Texas with an approximate balance of $5,827.88; and, (f j Pennsylvania Teacher's Retirement with an approximate balance of $2,493.00. Husband does hereby waive any interest he has in Wife's accounts, now and in the future. (2) The parties agree that Husband shall keep the following accounts as his 9 j i sole and exclusive property: (a) Fidelity Destiny Mutual Fund/Roth IRA account # 7044006 1 1 1 with an approximate balance of $ 3,032.86; (b) Fidelity account # 7029247941 that Husband holds jointly with his ex-Wife, Amy L. Pardo; (c) USAA account #5491237042142326 with an approximate balance of $0.00; this account was held jointly by the parties during the marriage. The parties have agreed that Husband shall remove Wife's name from this account and maintain the account in his name alone. (d) Johnson & Johnson Savings Plan and 401(k) with an approximate balance of $3,893.84. Wife does hereby waive any interest she has in Husband's accounts, now and in the future. c. Automobiles: Wife shall keep the 2000 Honda Accord automobile as her sole and exclusive possession free of any claim or demand by Husband. The parties acknowledge that there is no lien against this vehicle. To the extent they have not already done so, the parties agree to execute any and all documentation necessary to give effect to this paragraph. d, Credit Cards: (1) The parties have closed their joint AT&T VISA credit card account #5491130391538626. They agree that they will not use this account now 10 or in the future. The outstanding balance of approximately $4,063.45 from the AT&T VISA was transferred to an MBNA Bank of America VISA account #5490994746337237, held in Husband's name alone. The parties agree that Husband shall be solely responsible for payment of the MBNA Bank of America VISA and shall indemnify and hold Wife harmless from same. (2) The parties have closed their joint USAA credit card account #5491237042142326. They agree that they will not use this account now or in the future. The outstanding balance of approximately $11,000.00 shall be paid as set forth herein. Husband shall transfer $7,000.00 of the outstanding balance to a separate credit card in his name alone. Husband shall be solely responsible for payment of the $7,000.00 and shall indemnify and hold harmless Wife from same. Wife shall transfer $4,000.00 of the outstanding balance to a separate credit card in her name alone. Wife shall be solely responsible for payment of the $4,000.00 and shall indemnify and hold harmless Husband from same. (3) The parties acknowledge that Wife holds a Chase credit card account #4366163079359960 with an approximate balance of $9,537.00, in her name alone. The parties agree that Wife shall be solely responsible for payment of the Chase account and shall indemnify and hold Husband 11 ~. harmless from same. Student Loans: (1) The parties acknowledge that Husband has incurred student loan debt in his name alone while pursuing his undergraduate and law degrees. Husband shall be solely responsible for payment of said student loan debt and shall indemnify and hold Wife harmless from same. (2) The parties acknowledge that Wife has incurred student loan debt in her name alone while pursuing her undergraduate and Master's degrees. Wife shall be solely responsible for payment of said student loan debt and shall indemnify and hold Husband harmless from same. 15. WAIVER OF RIGHT TO ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 16. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 12 r' 17. ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 18. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 20. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. 13 21. 22. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. v ,~ ~~. . ~~-l-e ,n ~c h. e l s ~ ^~ G achel McDevitt Ricardo Pardo 14 COMMONWEALTH O~ A COUNTY OF N< < ~ ! - ~~ ~- ON THIS, the 3 f day of ~9 ~Sfi, 2007, before me a Notary Public, the undersigned officer, personally appeared Rachel McDevitt, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she has executed the same for the purposes therein contained. Notary Public M Commission Ex fires: ~0.30'~~ mss'`"""`~' ELLEN SEMEL y p ~~ MY COMMISSION # DD586465 EXPIRES: October 30, 2010 a ligp•1•NOTARY FI. Notary Discount Assoc. Co. COMMONWEALTH OF PENNSYLVANIA COUNTY OF J~~ I~~ i n ON THIS, the (`~ day of Ct u ~ ~~s 2007, before me a Notary Public, the undersigned officer, personally appeared Ricardo Pardo, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he has executed the same for the purposes therein contained. L~~. , Notary Public I My Commission Expires: 5 I ~ f v ~ +9.9 S~ d, yc .f n ~~ti~~~,. ~ S~~qAl,..' a~~5~'sE~'':.. s~..i ~"y~ r~ipp 1~r2'li`ee ~ 7 fi'~ei t. ~~r ~ C~~ ~°34 +~i~ 1-lru+/b.~i C~~ c.f F~~.~€''i~~4.gc~, ~,~a~~t~~~ ~~,ty ~~!~ Gorn~iss~~n ~x~icos iUlay 1, ~G08 15 ~ r..~ ~:.«k -^~ P, J ~~~ ..__ ~ c ' f i _ ~,.'e.,~ .,7 ~.»-~3 { ~+ •,.N+ $t~ ,_..i ,,.~ -~.~ Or, c,; ~,~ RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 4078 Civil Term RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIV ORCE 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: Complaint was served on Defendant by Certified Mail Restricted Deliver~on July 13 2007, and a Proof of Service was filed with the Prothonotary on JuIY 19, 2007. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff October 10, 2007; by the Defendant October 18, 2007. 4. Related claims pending: No other claims pending. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(I) of the Divorce Code. (Complete either (a} or (b).} (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 (b} Date plaintiff s Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary; October 11, 2007. Date defendant's Waiver of Notice in § 3341(c) Divorce was filed with the Prothonotary October 23, 2007. Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 RACHEL MCDEVITT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 07 - 4078 Civil Term RICARDO PARDO, :CIVIL ACTION -LAW Defendant IN DIV ORCE CERTIFICATE OF SERVICE I hereby certify on this o? day of October, 2007, a copy of the forgoing Praecipe to Transmit Record was mailed first-class, postage paid to: Ricardo Pardo 2863 Russell Road Camp Hill, PA 17011 at Brine A. Boyle, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 ~p...~ ~`-~ t4-~ r, -~~a _~ t ~~ ~ ~ ~ ~. °'~.7 y fs 1 r- ' .. ~ - ..__. :_ ~, _~~ .. -y,. ~~ C_::? - I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ,, Rachel McDevitt,- !! Plaintiff VERSUS Ricardo Pardo Defendant NO. 07-4078 Civil Term DECREE IN DIVORCE AND NOW, ~ ',rte- ~ IT IS ORDERED AND DECREED THAT Rachel MCD2Vltt PLAINTIFF, AND Ricardo Pardo ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; J.~~ The Marital SetVVtl`e~ment Agreement dated August 14, 2007. is herebv incorporated but not BY THE ATTEST: " J' PROTHONOTARY emu' %r~, -~ L© ~ /~'! V ~© ~/~ ~t ~.