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JOSE L. SALAZAR.) § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007 - Col9l Civil IerM
WIDNA J. SALAZAR, § CIVIL ACTION - IN DIVORCE
Defendant §
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 in 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 the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Court Administrators Office at the Cumberland County Courthouse, 4`' Floor, 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 IS GRANTED OR
ANNULMENT, 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 LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse, 4' Floor
Carlisle, PA 17013
(717) 240-6200
JOSE L. SALAZAR.) §
Plaintiff §
V. §
WIDNA J. SALAZAR, §
Defendant §
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007
CIVIL ACTION - IN DIVORCE
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que
si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede
ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra
por cualiquier otra quej a o compensacion reclamados por el demadante. Usted puede perder
dinero, o propiedades u otros derechos importantes para usted.
Cuando las base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en: Court Administrators Office at the Cumberland County
Courthouse, 4' Floor, 1 Courthouse Square, Carlisle, Pennsylvania 17013.
SI USTED RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER
EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO
TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
LACUNA REYES MALONEY, LLP
I I 19 NORTH FRONT STREET, HARRISBURG, PA 1 7 102
TEL.: (71 7) 233-5292 / FAX: (71 7) 233-5394
LR M @STAN FOR DALU M N I.ORG
ATTORNEYS FOR PLAINTIFF
JOSE L. SALAZAR, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007 - Gi?l
WIDNA J. SALAZAR, § CIVIL ACTION - IN DIVORCE
Defendant §
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Jose L. Salazar, by and through his attorneys,
Laguna Reyes Maloney, LLP, and represents as follows:
1. Plaintiff, Jose L. Salazar, is an adult individual currently residing 5206 Royal
Dr., Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Widna J. Salazar, is an adult individual currently residing at 609
B. Geneva Dr., Apt. 35, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. Plaintiff is a bona fide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately prior to the filing of this
Complaint.
4. Plaintiff and Defendant were married in the Commonwealth of Pennsylvania
on April 9, 1999.
5. Neither parry is a member of the Armed Forces of the United States of
America or its Allies.
6. Plaintiff avers that there is one child of the marriage namely Adriana Salazar,
born August 28, 2004.
7. The marriage is irretrievably broken: Plaintiff and Defendant have lived
separate and apart since September 14, 2007, and continue to live separate and
apart as of the date of filing this Complaint.
8. There have been no prior actions of divorce or for annulment between the
parties.
9. 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. Knowing this, Plaintiff does not desire that the Court require the
parties to participate in counseling.
10. Plaintiff requests the Court to enter a decree of divorce.
COUNTI
CHILD CUSTODY
11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part
hereof.
12. Plaintiff hereby seeks shared custody of the above-mentioned child.
13. The Plaintiff and Defendant are the natural parents of the said child.
14.
15.
16.
17
18.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION
19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in
Since birth, the child has resides with the following person(s) at the following
address(es):
Person
Defendant
Plaintiff and Defendant
Address
609 B. Geneva Dr. Apt. 35
Mechanicsburg, PA
5206 Royal Dr.
Mechanicsburg, PA
Date
9/14/07 - Present
Birth to 9/14/07
Plaintiff has not participated as a party in other litigation concerning the
custody of the child in this or in another court and Plaintiff has no information
of a custody proceeding concerning the child pending in a court of this
Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child and claims to have custody or visitation rights
with respect to the children.
The best interest and permanent welfare of the child will be served by granting
the relief requested.
Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child have been named as parties
to this action.
their full text.
20. Plaintiff and Defendant are joint owners of various items of realty, personal
property, furniture, and household furnishings acquired during their marriage
which are subject to equitable distribution.
21. Plaintiff and Defendant have incurred debts and obligations during their
marriage which are subject to equitable distribution.
WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff
against the Defendant as follows:
a. That a decree in divorce be entered divorcing Plaintiff from the bonds of
matrimony between the said Plaintiff and Defendant;
b. As you Count I, that this Honorable court enter an order granting the parties
shared custody of said child;
b. As to Count II, that this Honorable Court enter a decree equitably dividing the
parties' property and equitably apportioning the debts incurred by the parties;
and
c. Such other additional relief as the Court deems necessary and just.
Respectfully submitted,
a C. Reyes oney, Esquire
upreme Court I. .: 78075
Attorney for Plaintiff
LAGUNA REYES MALONEY, LLP
1119 North Front Street
Harrisburg, PA 17102
(717) 233-5292
VERIFICATION
I verify that the statements made in this divorce complaint are true and correct. I
understand that false statements made herein may subject me to penalties of Pa.C.S. §4904
relating to unsworn falsification to authorities.
4
Jose L. Salazar
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PROPERTY SETTLEMENT AGREEMENT
This Agreement, made and entered into this 11 dayofAtIIIJ , 2008, between
Jose L. Salazar, of 5206 Royal Dr., Mechanicsburg, Cumberland County, Pennsylvania
17055, hereinafter referred to as "Husband," and Widna J. Salazar, of 609 B. Geneva Dr.,
Apt. 35, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter referred to
as "Wife."
WHEREAS, the parties hereto are now Husband and Wife, having been lawfully
married to each other on April 9, 1999 in Pennsylvania;
WHEREAS, the parties hereto are now living separate and apart 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
Page 1 of 15
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, counsel fees, or other
expenses, except as set forth herein; and Husband likewise wishes to relinquish all his rights
of courtesy, 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, currently owned by her or which
she may own in the future;
NOW, THEREFORE, the parties hereto intending to be legally bound hereby do
hereby mutually agree as follows:
1. Separation. Husband and Wife do hereby acknowledge that they have lived separate
and apart since September 14, 2007, and continue to live separate and apart as of the
date of this Agreement, and 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.
Page 2 of 15
2. No Molestation, Harassment or Interference. Neither party shall molest, harass or
interfere with the other or compel or endeavor to compel the other 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 courtesy, 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 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 beneficiary 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
Page 3 of 15
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 personal liability for breach of warranty 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, except as provided herein, neither shall hereafter be under any legal
obligations to support the other, pay any expenses for maintenance, funeral, burial,
or otherwise for the other; 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 financial assistance whatsoever from the other, except as otherwise
expressly provided for herein.
4. Health Insurance. Each party shall be responsible for their own health insurance
coverage.
Page 4 of 15
5. Waiver of Alimony. In consideration of the mutual agreements of the parties, and
their decision to voluntarily live separate and apart and the provisions contained
herein, and for the respective benefit of the parties and other good and valuable
consideration, the parties each expressly agree to mutually waive any and all claims
for any alimony, spousal support/alimony pendente lite , maintenance, etc.
6. Life Insurance. Each party shall retain sole ownership of any life insurance policy
they may have acquired in their individual name and shall make any beneficiary
designation they deem appropriate.
7. Custody.
a. Legal Custody: Widna J. Salazar (hereinafter "Mother") and Jose L. Salazar
(hereinafter "Father") will share joint legal custody of Adriana Salazar
(hereinafter "the child"), born August 28, 2004. Mother and Father agree that
major decisions concerning their child including, but not necessarily limited
to, the child's health, welfare, education, religious training and upbringing
shall be made by them jointly, after discussion and consultation with each
other, with a view toward obtaining and following a harmonious policy in the
child's best interest. Each party agrees not to impair the other party's rights
to shared legal custody of the child. Each party agrees not to attempt to
alienate the affections of the child from the other party. Each party shall notify
the other of any activity or circumstance concerning the child that could
Page 5 of 15
reasonably be expected to be of concern to the other. Day to day decisions
shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the parent having
physical custody of the child at the time of the emergency shall be permitted
to make any immediate decisions necessitated thereby. However, that parent
shall inform the other of the emergency and consult with him or her as soon as
possible. Each party shall be entitled to complete and full information from
any doctor, dentist, teacher, professional or authority and to have copies of any
reports given to either party as a parent.
b. Physical Custody: Mother and Father shall share 50-50/equal physical
custody of the child at such times as the parties may agree.
C. Transportation: Mother shall pick up the child at Father's residence at the
beginning of her custodial period, and Father shall pick up the child at
Mother's residence at the beginning of his custodial period.
d. Holidays: The holidays shall be shared by the parties in as equal a manner as
possible, with the exact details to be agreed upon by the parties. The holiday
schedule shall take precedence over any regular custody schedule.
e. Vacations: Vacations shall be shared by the parties in as equal a manner as
possible, with the exact details to be agreed upon by the parties. The parties
agree that their vacations with the child outside Pennsylvania may take place
Page 6 of 15
in Puerto Rico and in Mexico and may be for any period of time as long as
both parties agree to said vacations in writing. Father shall obtain and safe-
keep the child's U.S. passport at any time that the child is not traveling with
Mother.
f. Controlled Substances/Alcohol: During any period of custody the parties to
this Order shall not possess or use any controlled substance, neither shall they
consume alcoholic beverages to the point of intoxication. The parties shall
likewise assure, to the extent possible, that other household members and/or
guests comply with this prohibition.
g. Telephone Contact: Each parent shall be entitled to reasonable telephone
contact with the child when in the custody of the other parent.
h. Address and Telephone Numbers of Parties: Both Father and Mother must
keep each other informed of any changes of address or telephone number.
No-Conflict Zone/Derogatory Comments: Both parents shall establish a no-
conflict zone for their child and refrain from making derogatory comments
about the other parent in the presence of the child and to the extent possible
shall prevent third parties from making such comments in the presence of the
child.
Page 7 of 15
j. Relocation. Husband and Wife agree that if either party moves more than 30
miles from the other, there must be at least 90 days written notification prior
to relocating.
8. Child Support. Husband agrees to pay Wife $300.00 per month ($150.00 every two
weeks) for support of their minor child.
9. Medical Coverage for the Child. Father agrees to provide medical insurance for the
child. The parties further agree that any medical or dental expenses for the child not
covered by insurance shall be divided equally between them.
10. Income Tax. Husband and Wife agree to file separate tax returns beginning with the
tax year 2008. Any tax refund(s) owed to Husband and Wife shall be equally divided
between the parties. 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 misrepresentation or failures to disclose the nature and extent
of his or her separate income on any joint returns. The parties further agree that they
each may claim the child as their dependent on their respective tax return on
alternating years as follows: Wife shall claim the child as her dependent on her 2008
Page 8 of 15
tax return, Husband shall claim the child as his dependent on his 2009 tax return, and
so forth.
11. 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 provision 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 transfer and subject to the carry-over basis provisions of
said Act.
12. Representation by Counsel. Husband has been represented by Laura C. Reyes
Maloney, Esquire, and Husband acknowledges that he has signed this Agreement
freely and voluntarily after full consultation with his counsel. Wife is not represented,
and Wife acknowledges that she has signed this Agreement freely and voluntarily.
The parties acknowledge that this Agreement is not the result of any duress, undue
influence, coercion, collusion and/or improper or illegal agreement. 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.
Page 9 of 15
13. Division of Personal Property. Henceforth, each of the parties shall own, have and
enjoy, independently of any claim of right of the other party, all items of personal
property of every kind, nature and description and wheresoever 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 unmarried.
14. Bank Accounts. Husband and Wife have owed various accounts during their
marriage in both their individual and joint names. It is acknowledged that they have
divided the jointly held accounts to their mutual satisfaction and they hereby agree
that each shall become sole owners of their respective accounts and they each hereby
waive any interest in, or claim to, any funds held by the other in any accounts. Each
party agrees to execute any and all necessary documents to remove the other party as
a joint owner of said account and to give effect to this paragraph. Each party agrees
to execute said documents within ten (10) days of a request by the other party.
15. Real Property. The parties agree that the marital residence, located at 5206 Royal
Dr., Mechanicsburg, Cumberland County, Pennsylvania 17055, shall be the sole and
separate property of the Husband. Husband agrees to refinance the residence to his
name only within one (1) year of the date of this Agreement. Wife agrees to execute
any necessary documents reasonably related to the refinancing of the marital home,
Page 10 of 15
including the transfer of title to the marital home. Wife further agrees that Husband
may retain any and all equity there may be in marital home.
16. Automobile for Wife. Upon execution hereof, Husband agrees that Wife shall retain
possession of and receive as her own property the 2005 Dodge Grand Caravan for her
own use and disposition. Wife has been and shall continue to be solely responsible
for all expenses associated with the automobile including, but not limited to insurance
and maintenance. Wife shall be solely liable and shall keep Husband indemnified and
held harmless from any liability, cost or expense, including attorney's fees, dues to
any of the expenses set forth in the preceding sentence and shall indemnify and hold
Husband harmless from any liability, cost or expense, including but not limited to
claims, damages and judgments, solely due to any accidents involving Wife and Wife
shall reimburse Husband for any increased premiums during the year following the
day of execution of this Agreement solely resulting from such accidents.
17. Automobile for Husband. Upon execution hereof, Wife agrees that Husband shall
retain possession of and receive as his own property the 1999 Honda Accord for his
own use and disposition. Husband has been and shall continue to be solely
responsible for all expenses associated with the automobile including, but not limited
to insurance and maintenance. Husband shall be solely liable and shall keep Wife
indemnified and held harmless from any liability, cost or expense, including
attorney's fees, dues to any of the expenses set forth in the preceding sentence and
Page 11 of 15
shall indemnify and hold Wife harmless from any liability, cost or expense, including
but not limited to claims, damages and judgments, solely due to any accidents
involving Husband and Husband shall reimburse Wife for any increased premiums
during the year following the day of execution of this Agreement solely resulting from
such accidents.
18. 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 will be liable, that party incurring such debt will hold the other harmless from
any and all liability thereof.
19. Pension. Both parties agree to waive any claims they may have to any pension or
employment benefits of any kind, earned during the marriage, by the other party.
20. Divorce. The parties acknowledge that an action for divorce between them has been
filed by Wife and is presently pending divorce between them in the Court of Common
Pleas of Cumberland County, No. 2007-6191 . The parties acknowledge their
intention and agreement to proceed in said action to obtain a final 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 simultaneously herewith the necessary
Affidavits of Consent for the entry of a final divorce decree in that action.
Page 12 of 15
21. Incorporation and Judgment for Divorce. This Agreement and all of its provisions
shall be incorporated into the decree of divorce in the aforementioned divorce action,
either directly or by reference.
22. Breach. In the event that either party breaches any provision of this Agreement, he
or she shall be responsible for any and all costs incurred to enforce the terms 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.
23. Enforcement. The parties agree that this Agreement or any part or parts hereof may
be enforced in any court of competent jurisdiction.
24. Applicable Law and Execution. The parties hereto agree that this 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.
25. The Entire Agreement. The parties acknowledge and agree that this 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 forth herein.
Page 13 of 15
26. Translation. Wife has had the opportunity to review this Agreement with someone
who is completely fluent in English and in Spanish and this document has been
translated in full to Wife.
27. Modification of this Agreement. The 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.
28. Additional Instruments. Each of the parties shall on demand or within a reasonable
period thereafter, 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 other all attorney's fees, costs, and other
expenses reasonably incurred as a result of such failure.
29. Financial Disclosure. The parties confirm that they have relied on the completeness
and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement. The parties acknowledge that there has been no
formal discovery conducted in their pending divorce action and that neither party has
filed an inventory and appraisement as required by Section 3505(b) of the
Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party
to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce
Code, of any interest owned by the other party in an asset of any nature at any time
Page 14 of 15
prior to the date of execution of this Agreement that was not disclosed to the other
30.
parry or his or her counsel prior to the date of the within Agreement is expressly
reserved. In the event that either party, at any time hereafter, discovers such an
undisclosed asset, the parry shall have the right to petition the Court of Common Pleas
of Cumberland County to make equitable distribution of said asset. The non-
disclosing parry shall be responsible for payment of counsel fees, costs or expenses
incurred by the other party in seeking equitable distribution of said asset.
Notwithstanding the foregoing this Agreement shall in all other respects remain in full
force and effect.
Voluntary Execution. Each of the parties has read and understands the above and
is signing this Agreement as a free and voluntary act and having had the opportunity
to obtain advice of separate legal counsel.
IN WITNESS WHEREOF, and intending to be legally bound, the parties have set
their hands and seals the day and year first written above.
WIL,
L. Salazar
Signature f Wi ess
Printed Name of Witness
Widna J. alazar
Signature o fitness
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Printed Name of Witness
Page 15 of 15
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LAGUNA REYES MALONEY, LLP
1 1 19 NORTH FRONT STREET, HARRISBURG, PA 1 7102
TEL.: (7 1 7) 233-5292 / FAX: (7 1 7) 233-5394
LR M @STAN FORDALU M N 1.ORG
ATTORNEYS FOR PLAINTIFF
JOSE L. SALAZAR, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007 - 6191
WIDNA J. SALAZAR, § CIVIL ACTION - IN DIVORCE
Defendant §
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the Complaint in Divorce filed in the above-
captioned matter upon Defendant by first-class and certified U. S. mail addressed as follows:
Ms. Widna J. Salazar
609 B. Geneva Dr., Apt. 35
Mechanicsburg, PA 17055
and did thereafter receipt the post office receipt.
Respectfully submitted,
La W. Reyes ey, Esquire
Su eme Court I. o.: 78075
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
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JOSE L. SALAZAR, §
Plaintiff §
V. §
WIDNA J. SALAZAR, §
Defendant §
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6191
CIVIL ACTION - IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER § 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 22, 2007.
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 a final decree of divorce after service of notice of intention
to request entry of the decree.
4. 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 unworn falsification to authorities.
-7 /.? 00
C21 li Date Widna J. azar
-
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JOSE L. SALAZAR, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007 - 6191
WIDNA J. SALAZAR, § CIVIL ACTION - IN DIVORCE
Defendant §
DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER §33011 OR 3301(d) 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.
4. I verify that the statements made in this waiver are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unworn falsification to authorities.
,11 tb'7/;k o?
Date Widna J. S ar
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JOSE L. SALAZAR, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007 - 6191
WIDNA J. SALAZAR, § CIVIL ACTION - IN DIVORCE
Defendant §
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER § 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 22, 2007.
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 a final decree of divorce after service of notice of intention
to request entry of the decree.
4. 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 unworn falsification to au rities.
-OF e? (!f --,
Date se L. Salazar
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JOSE L. SALAZAR, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007 - 6191
WIDNA J. SALAZAR, § CIVIL ACTION - IN DIVORCE
Defendant §
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OR 3301(d) 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.
4. I verify that the statements made in this waiver are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unworn falsification to authorities.
r
Date Jos L. Salazar
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JOSE L. SALAZAR, §
Plaintiff §
V. §
WIDNA J. SALAZAR, §
Defendant §
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6191
CIVIL ACTION - IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please 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).
2. Date and Manner of Service of the Complaint: via first-class and certified
U.S. mail on November 6, 2007 (see Certificate of Service).
3. Date of Execution of the Affidavit of Consent Required by Section 3301(c) of
the Divorce Code: by Plaintiff on July 17, 2008; by Defendant on July 17,
2008.
4. Related Claims Pending: no other marital claims pending.
5. Notice of Intention to Request Entry of Divorce Decree: waived by Plaintiff
on July 17, 2008; by Defendant on July 17, 2008.
L Ara C. Reye oney, Esquire
Supreme Co I.D. o. 78075
Attorney for Plaintiff
LAGUNA REYES MALONEY, LLP
1119 North Front Street
Harrisburg, PA 17102
(717) 233-5292
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IN THE COURT OF COMMON PLEAS
ZoSre L. Sal agar,
VERSUS
W?Ano- S. Sata?,ari
"Dd;!m.ar,+
NO. 2001-Ula(
DECREE IN
DIVORCE
AND NOW, -SJ`Y IT IS ORDERED AND
DECREED THAT J-ose L • Salazar , PLAINTIFF,
AND W ldna.. y • Salazar 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;
BY THE COURT:
ATTEST: J
PROTHONOTARY
OF CUMBERLAND COUNTY
STATE OF PENNA.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
?05e ?- ?? 1?2ar
Plaintiff
Vs
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Defendant
File No. a U U-2 - (Q 19
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IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x")
prior to the entry of a Final Decree in Divorce,
moo
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or X after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of 1k) Id nq ?. Tylt e? and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date:() (o -17- 1
Signature
2VAA&" /1. +T
Signa f name being resumed
COMMONWEALTH OF P NNSYLVANIA )
COUNTY OF rj
On the A _ day of ` LL m e. , 2001, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
is nA A A
Il.caO PD 'beFT Prothonotary or Notary Public
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