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HomeMy WebLinkAbout03-6342 F:IUser FolderlFirm DocslGendocs2003\3302-ldiv.comwpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HECTOR M. SANTIAGO, Plaintiff v. CIVIL ACTION - LAW NO. 2003- 0$'J.. CHERYL LYNN SANTIAGO, 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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, Pennsylvania 17013 (717) 249-3166 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HECTOR M. SANTIAGO, Plaintiff v. CIVIL ACTION - LAW NO. 2003- &3 'fJ- CHERYL LYNN SANTIAGO, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this '5 +lJ...day of December, 2003 comes Plaintiff, Hector Manuel Santiago- Melendez, by and through his attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: l. The Plaintiff is Hector M. Santiago, who resides at 502 D North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Cheryl Lynn Santiago, who resides at 2710 Baltimore Avenue, Pueblo, Colorado 81003. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing ofthis Complaint in Divorce. 4. The parties were married on June 27, 1994 in Tooele, Utah. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiffhas been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. 7. Plaintiff is an active duty member of the United States Army. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & KNIGHT, P.C. ~ Michael J. Hanft, Es uire Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the Complaint in Divorce. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is tme and correct to the best of my knowledge, information and belief. To the extent that the content ofthe document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~~~J "'~;;;r M. S~~ F:\User FolderlFilm Doc~\Fol1JlS\Family Law\Divorcelverificatioll.divorce.wpd :50 ~ - .c:: V'l It, b' w o 7':::- ~ vt 'lj ~ ---. -':> c::::. v, C> -0 ~ ~ o c S -0,),'. ~}L;:: Ltl' ~~- ~C. ~Q ---L.... :P-c: ~ ~ ? ..4--, -+-> \8 c..:', c....- "") '-j , d "), \0 .-,-;-\ ;C) i--" i~,'l ~ -} ::;-~ ~iJ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HECTOR M. SANTIAGO, Plaintiff v. CNIL ACTION - LAW NO. 2003- 6342 CHERYL LYNN SANTIAGO, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 8th day of January, 2004, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on December 8,2003, but actual service took place on December 15, 2003, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Cheryl Lynn Santiago 2710 Baltimore Avenue Pueblo, Colorado 81003 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. M1f!:e1!:t Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 F:\User Folder\Finn DocsIGendocs2004\3302_1 cert,ser,wpd Attorneys for Plaintiff Exhibit "A" $1 ,-- ~-;: ~n~' 2' " ;;~ en r:-:; -- :~<""" "71.." :t"c< ~(~~ ~ , '::' N ,.." ....., = c~ ~ <- ::0.- 2: I U) ::<2 o --r, --< :r Cll:D r- -om :o;r: o c-<J r- e5 i:i :?C) csm ;;! 5J -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HECTOR M. SANTIAGO, Plaintiff CNIL ACTION - LAW v. NO. 2003-6342 CNIL TERM CHERYL LYNN SANTIAGO, Defendant IN DNORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND I. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 5,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe 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 have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: / ~ 5e"P , , 2004 f!iL w ~ A'!i ctor M. SantiagO Sworn to and su cribed before me this lift!:: day of ,2004. N~~ lJ(1!(tuJl~~ NotariaJ Seal DoIy M. Housel, Nolary Public SouIh MiddIeIon Twp., CllT1benand COooty My Commission Elcpires Sept!.. 2006 Member, PennsyIyar;a As""""",," (jf_11II (') "-' 0 = c = j'l .r- C/") --! :1: -n C~~ rn;::::; ',., 'D~1 _'_J _ -J ':-2 S,~! " J.; :-i_; -,;. '- ;-~:~ (6 , C::"J :::~I 1',) :.5:~ -< c..:- 0-':, ... , i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HECTOR M. SANTIAGO, Plaintiff CNIL ACTION - LAW v. NO. 2003-6342 CNIL TERM CHERYL LYNN SANTIAGO, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy 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. 94904 relating to unsworn falsification to authorities. Date: q l/lIl 0 l/ ~4~(. 1:/ ..g ctor M. Sant1ago t1 -",j ~tl (J? ' ~>~. 6-C. p~;.;. ::2 , (") ~.~ ,...., = = .Ie" (/) r'" v --.J -0 =n;: :- .0 r; ";;;h ::;:! d L-, rns ~~.:~ ;::-) (n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pBNNSYL VANIA HECTOR M. SANTIAGO, Plaintiff _J CIVIL ACTION - LAW -- '--) v. NO. 2003-6342 CIVIL TERM CHERYL LYNN SANTIAGO, Defendant IN DIVORCE i'< AFFIDAVIT OF CONSENT STATEOF (l~ COUNTY OF ~ ) : SS. ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was fi ed on December 5,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety da have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice ofint ntion to request entry of the Decree. 4. I have been advised ofthe availability ofmarriage counseling and understan that I may request that the Court require that my spouse and I participate in counseling prior to aD orce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand tha false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to un worn falsification to authorities. Q /.7 'J I - ( Date: Jjp -( .. ' 2004 CQc;j0 Sworn to and subscribed before me this ~ay of..../J...uo .fl~1....- , 2004. 1i OA t/]L ~ KAr->-7--- Not ublic KAI'IF'N 1'<'1"'0 Nota~y PUbl;,;' State of Colorado , i f F\User FolderlFirm DocslGendocs2004\3302-1 alT,con_wpd ~j~~4~, ft# /tJj/9/0~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HECTOR M. SANTIAGO, Plaintiff CNIL ACTION - LAW ~ '",.; v. NO. 2003-6342 CIVIL TERM CHERYL LYNN SANTIAGO, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) 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, di vision of property, la yer'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 ourt and that a copy ofthe decree will be sent to me immediately after it is filed with the Prothon tary. I verify that the statements made in this Affidavit are true and correct. I understand tha false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to un om falsification to authorities. Date: \1.... \. ()'-\ F:\User FolderlFilm Docs\Gendocs2004\:B02+lwaiverllDtb::.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (~ , ." HECTOR M. SANTIAGO, Plaintiff ___.t \., '~ v. CIVIL ACTION - LAW NO. 2003-6342 (, CHERYL LYNN SANTIAGO, Defendant IN DIVORCE (: PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to thc Court for c try of a Divorce Decree: 1. Ground tor divorce: irretrievable breakdown under Section 3301(c) of the D vorce Code. 2. Date and manner of service of the Complaint: served on Defendant by U.S. eel itied, restricted delivery, return receipt requested mail on December 15, 2003. 3. Date of execution of the Plaintiffs AtTtdavit of Consent required by Section 33 I (c) of the Divorce Code; September 14, 2004; by the Defendant; December 1, 2004 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothon tary: September 17, 2004. Date Defendant's Waiver of Notice in S3301(c) Divorce was tiled witl the Prothonotary: December 15, 2004. Date: December 14, 2004 HANFT & KNIGHT 7- ~4~'A Sean M. Shultz, Esquire Attorney J.D. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 r :"Usn roldcr\Finn Oocs\Gendoc>20()4\3J02_1 pr~ecipc. wpd Attorneys for Plaintiff F,IL'~er Foldcr\FilTl1 Docs\GendocsIGendocs200313302-111l,;l wpd MARRIAGE SETTLEMENT AGREEMENT THISAGREEMENT,madethis~dayof S e_pl e ~b",v ,2004, by and be een HECTOR MANUEL SANTIAGO of Mount Holly Springs, Cumberland County, Pennsylv nia, party of the first part, hereinafter referred to as "Husband" and CHERYL LYNN SANTIAG of Pueblo, Pueblo County, Colorado, party ofthe second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on June 27, 1994, at Tooele, Utah; and WHEREAS, Husband and Wife have been living separate and apart from each other s nee January of2003; and WHEREAS, Husband is a resident of the Commonwealth of Pennsylvania and has bee so for at least the past six (6) months; and Wife is a resident ofthe State of Colorado; and WHEREAS, Husband is an active duty member of the United States Army; and WHEREAS, certain diverse, unhappy differences have arisen between the parties he eto which have made them desirous of continuing to living separate and apart from one another; a d WHEREAS, Husband and Wife desire to settle and determine certain of their marital ri and obligations, and make an equitable distribution of their marital property; and WHEREAS, it is the intention and purpose ofthis Agreement to set forth the respective ri ts and duties of the parties while they continue to live apart from each other and to settle all finan ial and property rights between them; and ,,' 'I: WHEREAS, the parties hereto have mutually entered into agreement for the division oft jointly owned assets, the provisions for the liabilities they owe, and provisions for the resoltltio their mutual differences, after both have had full and ample opportunity to consult with t respective attorneys, and the parties now wish to have that agreement reduced to writing. , ) , \ ',', NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be'k pr~ promises set forth herein and for other good and valuable consideration, intending to be lega ly bound and to legally bind heirs, successors, assigns, and personal representatives, do here y covenant, promise and agree as follows: Page 1 of 8 ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart rom each other and to reside from time to time at such place or places as they shall deem fit free fro any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the ther or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or ther proceedings. The foregoing provision shall not be taken to be an admission on the part of ether Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II: DNORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed band between the parties hereto and each of the said parties does warrant and represent to the other hat the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense 0 any action for divorce; provided, however, that nothing contained in this Agreement shall preve t or preclude either of the parties hereto from commencing, instituting or prosecuting any action or ac ion for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent ei her party from defending any such action which has been, may, or shall be instituted by the other p rty, or for making any just or proper defense thereto. It is warranted, covenanted, and represente by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and his warranty, covenant, and representation is made for the specific purpose of inducing Husband nd Wife to execute this Agreement. Husband and Wife each knowingly and understandingly he by waive any and all possible claims of this Agreement is, for any reason, illegal, or for any re on whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each he by warrant, covenant and agree that, in any possible event he an she are and ever shall be estopped fi om asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement rela . ng to the equitable distribution of property ofthe parties are accepted by each party as a final settle nt of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or orde of separation or divorce in any other state, county, or jurisdiction, each ofthe parties to this Agree nt hereby consents and agrees that this Agreement and all its covenants shall not be effected in any ay by any such separation or divorce; and that nothing in any such decree, judgment, order or furt er modification or revision thereof shall alter, amend or vary any term of this Agreement, whethe or not either or both of the parties should remarry, it being understood by and between the parties t at this Agreement shall survive and shall not be merged into any decree, judgment or order of divo ce or separation. Page 2 of 8 2.3 It is specifically agreed that a copy ofthis Agreement may be incorporated by reference 'nto any divorce judgment or decree if or whenever sought by any of the parties hereto. uch incorporation, however, shall not be regarded a merger, it being the intent ofthe parties to pe it this Agreement to survive any such agreements. ARTICLE III: EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a maimer which confo s to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking nto account the following considerations: the length ofthe marriage; the prior marriages ofthe pa ies; the age, health, station, amount and sources of income, vocational skills, employability, es ate, liabilities, and need for each of the parties; the contribution of one party to the education, trai ing or increased earning power ofthe other party; the opportunity of each party for future acquisitio of capital assets and income; the sources of income of both parties, including, but not limite to medical, retirement, insurance or other benefits; the contribution of dissipation of each party i the acquisition, preservation, depreciation, or appreciation of marital property, including the contribu ion of a party as a homemaker; the value of the property set apart to each party; the standard of Ii ing of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in ny way a sale or exchange of assets and the division is being effected without the introduction of out ide funds or other property not constituting marital property. The division of property under his Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive right, title and possession of all personal prop rty currently in their possession. Except for the written list agreed to by the Parties, Husband shall m ke no claim whatsoever for any personal property in Wife's possession. Additionally, excep as provided for herein, Wife shall make no claim whatsoever for any personal property in Husba 's possession. Should it be necessary for either party to execute any documents to convey title to ny such personal property in the other party's possession, they shall do so within thirty (30) days of he execution of this Agreement or within thirty (30) days of the request from the opposing party. a. Husband shall retain his right and interest in the Primerica Mutual Fund in his na e. Wife agrees to waive any right or interest she may have in the Primerica Mutual Fund. b. Wife shall retain her rights and interests in her photography equipment and her Ir dresser equipment. Husband agrees to waive any right or interest he may have in said equipm t. Page 3 of 8 3.4 Except as provided herein, Wife waives any right or interest she may have in Husba d's employment benefits, including any retirement plan, stock option purchase plan, profit sharing Ian or related matters. Except as provided herein, Husband waives any right or interest he may ha III Wife's employment benefits, including any pension benefits, retirement plan, stock option purc ase plan, profit sharing plan or related matters. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may ow have or hereafter acquire in any real or tangible personal property subsequently acquired by the 0 her party. Husband and Wife specifically agree to waive and relinquish any right in such property hat may arise as a result of the marriage relationship. 3.6 Contemporaneously with the execution of this Agreement, Husband shall transfer to any and all of Husband's right, title and interest in and to that parcel of real estate located at 2 10 Baltimore A venue, Pueblo, Colorado, heretofore owned by Husband and Wife. Except as provi ed herein, said transfer is subject to those liens, judgments or mortgages of record as of the dat of conveyance, all of which shall thereafter become the sole and exclusive obligation of Wife. ife also agrees to indemnify and hold Husband harmless from the collection and/or responsibility or payment ofthe first mortgage with Countrywide on said property, which has an approximate bal ce of Seventy-Five Thousand Dollars ($75,000.00). The second mortgage with Countrywide shall be the sole and exclusive obligation of Husband. Husband agrees to indemnify and hold Wife harml ss from the collection and/or responsibility for payment ofthe second mortgage with Countrywide n said property. Within one year of the date of this Agreement Wife shall refinance the property to rem Husband's name from the first mortgage on the subject property. Should Wife be unable to refin the existing first mortgage within said time frame, Wife shall place the property for sale at a p ce recommended by a local Realtor selected by Wife and use her best efforts to sell the property t a third party purchaser for fair market value. The current first and second mortgages shall be paid ff from the proceeds and Wife shall be entitled to any profit from the sale of the property. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured a d maintained a substantial and adequate fund with which to provide themselves sufficient resourc s to provide for their comfort, maintenance, and support in the station of life in which they e accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give p any rights they may respectively have against the other for alimony pendente lite, spousal suppo or maintenance. Page 4 of 8 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that hey may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, t ere are no major outstanding obligations of the parties, that since the separation neither party as contracted for any debts for which the other will be responsible and each party indemnifies and h Ids harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, he party who incurred said debt shall be responsible for the payment thereof regardless of the nam in which the account may have been charged. Husband and Wife acknowledge and agree that exc pt as provided in this Agreement, they have no outstandingjoint debts or obligations. 5.2 Each party relinquishes any right, title and interest he or she may have to any and all mo vehicles currently in the possession of the other party. Within thirty (30) days of the date execution of this document, each party shall execute the necessary documents to have said vehicl s properly registered in the other party's name with the appropriate state Department ofTransportati It is the intention of the Parties that Husband shall retain his right, title and interest in the 19 Mitsubishi, and that Wife shall relinquish any right, title and interest he or she may have to the 19 Mitsubishi. Furthermore, it is the intention of the Parties that Wife shall retain her right, title a interest in the 1994 Isuzu Rodeo and the Ford Escort Wagon. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The Parties hereto have retained independent legal counsel. Sean M. Shultz, Esquire i counsel for Husband and Megan Malone, Esquire is counsel for Wife. The provisions of thi Agreement and their legal effect have been fully explained to the parties by their respective counse or the parties have waived their right to have legal advice regarding the meaning and implication 0 this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances fair and equitable, that it is being entered into freely and voluntarily, after having received suc advice and with such knowledge that execution of this Agreement is not the result of any duress 0 undue influence and that it is not the result of any collusion or improper or illegal agreement 0 agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from Page 5 of 8 any and all legal right, title and interest, or claims in or against the property of the other or ag inst the estate of the other, of whatever nature and wheresoever situate, which he or she now has rat any time hereafter may have against such other, the estate of such other, or any part thereof, wh her arising out of any former acts, contracts, engagements, or liabilities of such other as by way of do er or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, fa ily exemption, or similar allowance, or under the intestate laws, or the right to take against the spou e's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights fa surviving spouse to participate in a deceased spouse's estate, whether arising under the la~s 0 (a) Pennsylvania, (b) any state, commonwealth, or territory ofthe United States, or (c) any other coun ry, or any rights which either party may have or at any time hereafter have for past, present, or fut re support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whet er arising as a result of the marital relation or otherwise, except and only except, all rights d agreements and obligations of whatsoever nature arising or which may arise under this Agreem nt or for the breach of any thereof. It is the intention of Husband and Wife to give to each other y execution of this Agreement a full, complete, and general release with respect to any and all prope y of any kind or nature, real or personal, not mixed, which the other now owns or may hereaf er acquire, except and only except, all rights and agreements and obligations of whatsoever nat e arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Each party represents that since separation, they have not heretofore incurred or contract for any debt or liability or obligation for which the estate of the other party may be responsible r liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hol the other party harmless from and against any and all such debts, liabilities or obligations of each them, including those for necessities, except for the obligations arising out of this Agreemen . Husband and Wife each warrant, covenant, represent and agree that each will, now and at all time hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilitie incurred by the other after the execution date of this Agreement, except as is otherwise specificall provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing 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. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. Page 6 of 8 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and heir respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding ofthe parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties 0 her than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determi ed or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or proyision shall be stricken from this Agreement, and in all other respects, this Agreement shall e valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet is or her obligation under anyone or more of the articles and sections herein shall in no way void r alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitab distribution of property, both real and personal, which was legally and beneficially acquired b Husband and Wife, or either of them, during the marriage as contemplated by the Domesti Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to th execution ofthis Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Page 7 of 8 Each party acknowledges that, to the extent desired, he or she has had access to all join and separate State and Federal Tax Returns (including supporting documentation) filed by or on b half of either or both Parties during maniage. 6.11 In the event either party to this Agreement shall breach any term, covenant or other obliga . on herein, the non-breaching party shall be entitled, in addition to all other remedies available at w or in equity, to recover from the breaching party all costs which the non-breaching party may in ur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce he terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and decree of divorce and shall fore r be binding and conclusive on the parties; and any independent action may be brought, either at I or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall ha e been fully satisfied and performed. The consideration for this Agreement is the mutual benefits be obtained by both ofthe parties hereto and the covenants and agreements of each of the parties the other. The adequacy of the consideration for all agreements herein contained is stipulate confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6.13 The parties both agree to cooperate with each other in obtaining a final divorce of th maniage. It is agreed that the parties will execute and file the consents necessary to obtain th divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Wa )J?r1!1- r Page 8 of 8 O/~OS-200y ~ ~~~~~~ ~~~~ ~ ~~~~~~~~~~~~~~~~~~~+.~~ ~~~~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",'t: ;f; ~ . . . . . . . IN THE COURT OF COMMON PLEA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OFCUMBERLANDCOUNTY PEN NA. STATE OF HECl'OR M. SANTIAGO Plaintiff No. 2003-6342 VERSUS CHERYL LYNN SANTIAGO Defendant DECREE IN DIVORCE AND Now,-0/k.w 'z..\ 2004 , IT IS ORDERED AND DECREED THAT HECl'OR M. SANTIAGO AND CHERYL LYNN SANTIAGO ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAtNTIFF, , DEFENDAN , THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHtC BEEN RAISED OF RECOr;\f tN THIS ACTION FOR WHtCH A FINAL ORDER YET BEEN ENTERED; ,V()..-\12 HAVE HA NOT The Separation and Property Settlement Agreement dated September 4, 20 4, incorporated by reference. //,' /. By THE COURT: ,.II' ..~--~t~V/ ATTEST: ~:+:~ ~+.:+: ~~:+::+:~ ~:+::+: ~~ ~:+: +.+.+.:+: +.:+::+::+: // " / / / J. . . . . . . . . . . . ~ +.:+: 'l' ~ +. +.+' PROTHONO ARY is ~l1/ fpl ~~ ~~ {Tn/> f;? '2 ~1/.?7>f/~} > p7) ,- , .' , ~ c7- e'f'. 'f.'/ ,M7-ee.t',