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HomeMy WebLinkAbout09-0979• 1 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff KARIN CONCEPCION, Plaintiff V. . ANTONIO CONCEPCION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D?`' 9 -7 q ( W ,• I CIVIL LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: 1 Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff KARIN CONCEPCION, Plaintiff V. ANTONIO CONCEPCION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O q- / 7 9 C Ni' l CIVIL LAW DIVORCE COMPLAINT FOR DIVORCE COUNT I Request for a No-fault Divorce Under 63301(c) of the Domestic Relations Code 1. Plaintiff is KARIN CONCEPCION, who currently resides at 803 Petersburg Road, Carlisle, Cumberland County, PA 17015. 2. Defendant is ANTONIO CONCEPCION, who currently resides at 803 Petersburg Road, Carlisle, Cumberland County, PA 17015. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 28, 1994 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. The Defendant is not now (and has never been) a member of the armed services. 9. There are no minor children borne of the marriage. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(c) of the Domestic Relations Code. DATE: ;l1 C9 L JJ ..i v, iJ.7 }?V 1itl.1 Att me I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document 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. Dated: ??/O C? I- i h co ?S : ^, 4, :. ? KENNETH F. LEWIS, ESQUIRE Attorney I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff KARIN CONCEPCION, Plaintiff V. ANTONIO CONCEPCION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND ? COUNTY, PENNSYLVANIA NO. O q -G 1 ?q 004 Term CIVIL LAW DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on the date listed below. DATE : -Z A2/' 0 ANTONIO CONCEPCION 803 Petersburg Road Carlisle, PA 17015 -r KARIN CONCEPCION, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 09-979 Civil Term ANTONIO CONCEPCION, CIVIL LAW Defendant DIVORCE .:a r . SETTLEMENT AGREEMENT ? THIS AGREEMENT, is made this 0day of , 2011, by and . between KARIN CONCEPCION ("Wifel and ANTONI CONCEPCION,11 ("Husband"). WITNESSETH: WHEREAS, the parties, currently Husband and Wife, will be obtaining a decree in divorce; and WHEREAS, by this Agreement, the parties have intended to effectuate and equitably divide their marital property and marital debts; and WHEREAS, diverse unhappy differences and difficulties have arisen between the parties and it is their intention to live separate and apart for the rest of their lives and to settle any claims by one against the other or against their estates. NOW THEREFORE, with the foregoing recitals being incorporated by reference and deemed as an essential part hereof and in consideration of the premises and of the mutual promises set forth herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties. This Agreement shall be incorporated, but not merged into the final decree in divorce. 2. FINANCIAL DISCLOSURE. The parties confirm each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to executing this Agreement. No representations have been made by either party to the other, or by anyone else, as to the financial status of the other except as set forth in this Agreement. 3. ADVICE OF COUNSEL. Wife has been advised regarding this Agreement by her attorney, Kenneth F. Lewis. Husband has been advised regarding this Agreement by Ronald E. Johnson. Both parties acknowledge this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received independent legal advice, or choosing not to do so. The parties acknowledge this Agreement is not the result of duress or undue influence and is not the result of any collusion or improper or illegal agreement(s). This Agreement shall be construed as if drafted by both parties. 4. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. The parties understand each has the right to obtain from the other party a complete inventory of all the property either or both parties now own or owned as of the date of separation, and that each has the right to have such property valued by appraisals or otherwise. The parties understand they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand a Court's decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 2 Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital. d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. PERSONAL RIGHTS. Husband and Wife, may live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if they were unmarried. Husband and Wife shall not harass, disturb or malign each other or the respective families of the other nor attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASES. Except as provided in this Agreement, Husband and Wife each mutually release and forever discharge the other and the other's estate from any rights (including income and gain from property hereafter accruing) of the other or against the other's estate, which he/she now has or may hereafter have against the other or the other's estate, arising out of any circumstance, including dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to 3 take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, regardless of the jurisdiction. The release includes any rights which either party may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 7. PERSONAL PROPERTY. a) The parties confirm 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 there has been no formal discovery conducted in their pending divorce action. 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 prior to the date of execution of this Agreement that was not disclosed to the other party or his/her counsel prior to the date of this Agreement is expressly reserved. In the event either party hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court to make equitable distribution of the asset. The non-disclosing party shall be responsible for payment of counsel fees, costs and/or expenses incurred by the other party in seeking equitable distribution of the asset unless the Court finds that payment of such fees would not be equitable. In such event, the Court can deny or limit the fees to be paid. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. b) The parties agree to make the following disposition and settlement with respect to their marital personal property: i) Husband shall receive the items listed in Exhibit "A" attached to this Agreement. Wife shall receive the remaining personal property (other than as provided for in this Agreement). However, should either party find something in their possession that obviously belongs to, or should be the property of , the other, they agree that such property shall be provided to the other party. ii) Each party will retain the checking, savings and/or money market accounts listed in his/her sole name. Each party waives any and all interest he/she may have in the other party's accounts. The parties joint account (with a balance of less than $100.00) shall be closed, with the parties equally dividing the balance. iii) Wife shall be the sole owner of her ING 401K Plan (with a balance of $1,471.39 as of March 31, 2009. Husband waives all interest in such account. iv) Husband shall become sole owner of the parties' jointly-held TD Ameritrade Account (#144-305653), with a balance of $5,441.98 as of April 30, 2009. v) Wife shall be the sole owner of the riding tractor, the 1968 Volkswagen and the 2005 Toyota Avalon. c) The parties' dog, Tasha, shall remain with Wife. Husband shall be permitted to spend time with Tasha as the parties may agree (including weekends and camping trips upon giving a minimum of 48 hours notice to Wife). 8. TOYS WITH WHEELS. The parties acknowledge they were joint owners in a business known as "Toys With Wheels." The parties agree as follows: a) Husband shall be sole owner of this business and all its inventory. b) Husband shall be solely liable for all debts of whatever kind or nature arising from the ownership and/or operation of the business. Wife's name shall be removed from all business accounts and liabilities. Husband shall indemnify and hold Wife harmless from any and all debt and/or claims associated with the business. 5 c) Vehicles. Husband shall be sole owner of the following vehicles obtained for "Toys with Wheels": Vehicle Value 93 Cavalier $2,440 70 Mehari 9,870 Chevy Van 500 79 Cressida 2,200 (parts for Cressida) 600 Honda Scooter 1,600 blue scooter 750 68 Chrysler T&C Wagon 4,800 83 Buick Regal 1,170 00 Chevy Express 1,150 02 PT Cruiser 3,925 97 BMW 62 Falcon Wagon 4 NO 01 Landrover 4,720 76 Mercury Monarch 3,204 O1 Cabrio 4,300 Land Cruiser 3,000 Boat 5,000 9. REAL ESTATE. a) PETERSBURG ROAD: The parties acknowledge they are co- owners of a home and land located at 803 Petersburg Road, Carlisle, PA 17015. Wife shall become the sole owner of this property, with Husband transferring all his interest therein. Husband shall sign a Deed transferring his interest in the property upon presentment. Wife shall indemnify and hold Husband harmless from any and all debts or claims associated with that property. Husband shall not incur any debt related to this property. 6 b) LOUTHER STREET: The parties acknowledge they are co-owners of real property located at 69 E. Louther Street and 70 E. Louther Street, Carlisle, PA 17013 (one lot with house and garage). There is a mortgage of approximately $111,000.00 due on said property. Wife shall sign a Deed transferring her interest in the property upon presentment. Husband shall indemnify and hold Wife harmless from any and all debts or claims associated with that property. i) Husband shall remove Wife from the liability regarding the mortgage as soon as practicable, but in any event, by April 1, 2015. ii) If Husband is unable to refinance the lien on the home (or otherwise remove Wife's name from liability for the debt) by the above date and should Husband find it difficult to obtain financing in order to refinance the lien, Wife agrees that so long as said lien is not negatively affecting her in any way whatsoever, she would be willing to discuss renegotiating the date set forth in paragraph 9(b)(i) above. iii) If Husband is unable to refinance the lien on the home (or otherwise remove Wife's name from liability for the debt) by the above date or any renegotiated date, or should Husband fail to timely make three payments on the lien while Wife's name is still listed as an obligor thereon, the property shall be listed for sale. Wife shall have the authority to state the listing price, as long as it is listed at fair market value for at least three months and reasonably reduced thereafter. iv) In the event the property is sold, Husband shall receive all proceeds after payment of the mortgage and all costs related to the sale. Husband shall be responsible for any monies due should the sale proceeds not be sufficient to cover the mortgage and the costs related to the sale. C. COSTA RICA PROPERTY: The parties jointly owned a 50% interest in Vulcan Monkey SA (a Costa Rica corporation). Through this corporation, they own land in Costa Rica and a vehicle. The parties acknowledge that Wife has already transferred all her interest in this property. Husband shall have full ownership of this property and shall be responsible for any and all debt associated with the corporation and any asset in Costa Rica and shall indemnify Wife from any claims regarding any such assets. 10. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 11. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. The parties hereby waive and surrender any rights and/or claims they may have to interim or final alimony, alimony pendente lite and spousal support. 12. ATTORNEY'S FEES AND COSTS. The parties waive and surrender any rights and/or claims they may have to interim or final counsel fees and/or costs. 13. DEBTS. a) The parties acknowledge there are no debts existing for which both parties are jointly liable other than mortgage on the Louther Street property, dealt with above. b) Each party shall be solely responsible for all debts listed in his/her sole name. Specifically, Wife shall be responsible for the marital credit card debt, now listed solely in her name, in the approximate amount of $22,834.00. Each party shall indemnify and hold the other harmless against all actions or collections of whatever kind arising from these debts. c) Each party represents he/she has not incurred any liability for which the other may be responsible except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, except for the obligations arising out of this Agreement. 8 d) Each party shall immediately close out any and all joint credit card accounts, bank accounts and any other financial accounts. e) Husband shall pay $8,500 to Daniel Concepcion (which is partial repayment of monies he borrowed to purchase a 1948 Chrysler ($6,200) and a 1959 Morris ($12,300.00). He shall pay these monies at the time he refinances the Louther Street property or is otherwise able to borrow money using the Louther Street property. If he is not able to pay off this debt within two years of the date of this agreement, he shall pay the $8,500.00 to Daniel at a rate of $500.00 per month, with each payment being due the 1 st day of the month. The first payment will be due on the month immediately following the expiration of the two year period. f) Should Husband file for bankruptcy prior to Wife's name being removed from the Louther Street mortgage, he shall reaffirm that debt. 14. WARRANTIES TO FUTURE OBLIGATIONS. Husband and Wife each agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 15. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof 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. 9 16. BREACH. The parties agree that if either fails in the due performance of any of his or her obligations under this Agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available and said other party shall have the right to recover his or her reasonable legal fees and costs for any services rendered by his or her attorney. 17. BANKRUPTCY. Should either party file for bankruptcy, he or she shall reaffirm any debts for which the other would become or remain liable. 18. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take all steps and execute, acknowledge and deliver to the other party any further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 20. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 10 21. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior Agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 22. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance or any other obligations herein. 23. SEVERABILITY. If any term or provision of this Agreement shall be determined to be invalid, then only that term or provision shall be stricken and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 25. TAX ADVICE. Both parties acknowledge and agree they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further, both parties hereby acknowledge they have been advised by their respective attorneys to seek their own independent tax advice by retaining an account, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 26. TAXES. The parties shall file joint federal and state tax returns for 2010. The parties shall equally divide any refund. Wife shall be responsible for any monies owed on the returns. They shall equally share the tax preparer's fees. W' e itness KA?NcbgittpcidN ANTONIO CONCEPCION, 11 12 EXHIBIT "A" HUSBAND TO RECEIVE 63 Buick Skylark $ 7,500 68 Dodge Dart 3,000 66 Scotty 3,000 58 Morris 12,000 48 Chrysler 16,000 59 Red Willys 7,500 61 Blue Willys 7,500 A 100 5,000 9 Pinballs 2,250 1 bowler 100 popcorn machine 200 misc candy, machines, displays 500 soda machine 200 showcases (4) 2,000 7 porcelain signs 19400 3 lighted signs/clocks 525 2 juke boxes 800 air pump 800 CD juke box 33500 power washer 750 miscellaneous magazines, brochures, toys in attic and/or shed, as well as miscellaneous inventory on shelves in garage Husband shall retrieve any of these belongings remaining in the Petersburg home by the earlier of a) May 15, 2011; or b) one month prior to any settlement date scheduled for the sale of the home. If Husband does not retrieve his items by May 15, 2011, he shall pay to Wife a $50.00 per month storage fee. If Husband does not retrieve his items one month prior to any settlement date scheduled for the sale of the home, he forfeits all rights to the property, with ownership reverting back to Wife. With reasonable notice, Husband shall be entitled to go onto the premises for removal of his property. 13 KARIN CONCEPCION, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNA. V. : NO. 09-979 Civil Term ANTONIO CONCEPCION, CIVIL LAW Defendant DIVORCE -T "r M ?M --<> a AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code oM'% February 18, 2009. 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 in Divorce after service of notice to intention to request entry of the decree. 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: ftIll KARIN CONCEPCION, Plaintiff V. ANTONIO CONCEPCION, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 09-979 Civil Term CIVIL LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to entry of a final Decree of Divorce without notice. Q-) a - Mm ? `n C? t n ,,1 wL? ?.+. CD .yam ^??-.1 C^ a.M Ti 4V C3 pr t-0 a ., 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 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 the foregoing document 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. Dated: 7 RIN CON EPCIO KARIN CONCEPCION, Plaintiff V. ANTONIO CONCEPCION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 09-979 Civil Term CIVIL LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to entry of a final Decree of Divorce without notice. (Y3 CJJ MM ? _3- -r a `-n ? .n... .,?..? ?....a " o b . i 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 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 the foregoing document 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. Dated: 7 2,/1' )e 4? ANTONIO CONCEPCION KARIN CONCEPCION, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 09-979 Civil Term 4. ANTONIO CONCEPCION CIVIL LAW rn Defendant DIVORCE' r-- r7l m AFFIDAVIT OF CONSENT a ='" 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on February 18, 2009. 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 in Divorce after service of notice to intention to request entry of the decree. 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: ?/W/ A j- ANTONIO CONCEPCION KARIN CONCEPCION, Plaintiff V. ANTONIO CONCEPCION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 09-979 Civil Term CIVIL LAW DIVORCE rn= eM ;;:?o cam' PRAECIPE TO TRANSMIT RECORD To The Prothonotary: s r? x? -? rn rD -n M -m? 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 (X) 3301(c) 3301 d of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service dated February 22, 2009 and filed February 26, 2009 . 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code and Waiver of Notice of Intention to Request Entry of a Divorce Decree: by the Plaintiff on May 4, 2011; by the Defendant on April 22, 2011; all filed concurrent with this Praecipe. 4. Related claims pending: NONE Property Settlement Agreement incorporated into decree resolving all issues. DATED: SI?f '?ZO? f 11aitk, / KE ETH F. WIS ESQ. Atto ey I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF KARIN CONCEPCION CUMBERLAND COUNTY, PENNSYLVANIA V. DIVORCE DECREE ANTONIO CONCEPCION NO. 09-979 Civil Term AND NOW, M it is ordered and decreed that KARIN CONCE CION , plaintiff, and ANTONIO CONCEPCION defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows- (If no claims remain indicate "None.") The parties' May 4, 2011 Settlement Agreement is hereby incorporated, but not merged into this Decree. By th urt, Attest: J. Prothonotary ,?? lec? ? ?'©hn 5© ? 1Uo?°? $u'?5