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HomeMy WebLinkAbout01-6779IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant CIVIL ACTION - LAW 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds 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 Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lg 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant C~V~L ACTION - LA~V ~q DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corm Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados pot el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIF. NTO SEA EMITIDO, USED 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 Bar Association 2 Liberty Avenue Carlisle, PA 1701:} Telefano: (717) 249-3166 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant NO. ~ -' t,,797 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this j?~ay of///~ ,200~, comes the Plainti~, Noel M. Caraballo, by his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Noel M. Caraballo, is an adult individual who currently resides at 29 C Meadowbrook Court, New Cumberland, York County, Pennsylvania, 17070. 2. The Defendant, Brenda S. Caraballo, is an adult individual who currently resides at 29 C Meadowbrook Court, New Cumberland, York County, Pennsylvania, 17070. 3. The Plaintiff and Defendant were married on or about September 11, 1988, and separated on or about November 26, 2001. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, JG. Patrick ' O Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant NO.O/- 677? ~ --]~-~ CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Noel M. Caraballo, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: //~/~t9 f Noel M. Caraballo VERIFICATION I, NOEL M. CARABALLO, state that I am the PLAINTIFF in the above- captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: Noel M. Caraballo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNI~~', PENNSYLVANIA NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant NO. 01-6779 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. IL CIV. P. 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Complaint in Divorce filed in this matter by certified mail, remm receipt requested, addressee only, to the Defendant at 29C Meadowbrook Court, New Cumberland, Pennsylvania 17070 on November 30, 2001. The return receipt signed by the Defendant is~ddence of delivery to her and is attached as Exhibit "A". I verify that the facts contained above are tree and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unswom falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. §4904). /Patrick O'Conno[ Esquire I.D. No. 64720 3105 Old GettysburgRoad Camp Hill, PA 17011 Phone 717-73T-7760 AttomeyforPlalntiff and3. item 4 ff Rm%'tricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mal~ eton the front if space permits. 1. Article Adclre~ecl to: D. i1 dailve~7 lddmel d#lemnt fnxn item 1? I--I ye~ If YES, enter deliver/a¢.~-~ below:. [] No [] Registered [] Retum Receipt for Merc~ [] In~umd Mail [] C.O.D. 2. ~icle Number (Copy frorn se~vice label) ~ /~..~ 0 ~ / O / ~F ~l' EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, ' Plaintiff VS. BRENDA S. CARABALLO, Defendant NO. 01-6779 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 28, 2001 and service made on the Defendant on December 3, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days 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 of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. Noel M. Caraballo, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant NO. 01-6779 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 28, 2001 and service made on the Defendant on December 3, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days 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 of intention to request entry of the decree. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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: Brenda S. Caraballo, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant NO. 01-6779 Civil Term CIVIL ACTION - LAW IN 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 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 ifI 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 the foregoing 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. Noel M. Caraballo, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant NO. 01-6779 Civil Term CIVIL ACTION - LAW IN 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 the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in the foregoing 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 unswom falsification to authorities. DATE: 4- Brenda S. Caraballo, Defendant MARITAL SETTLEMENT AGREF~MENT TH{.~ AGREEMENT is made this /~ ~day of ~'~ ~i~t' between NOEL M. CARAB.~,I.I.O and BRENDA S. CARABAI.I.O: WITNESSETH: .2002, by and WBEREAS, Noel M. Carahallo (hereinafter referred to as "Husband") and Brenda S. Carahallo (hereinafter referred to as "Wife"), are husband and wife (bereimtffer referred to as the "Parties"), having been lawfully married on September 9, 1988, in E!iT~hethtown, Lancaster County, Pennsylvania; WHK~REAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or n?_irlst their respective estates. NOW, THEREFORE, in consideration of these premises, and oftbe mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the pnrties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she has received independent legal advice fi.om counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into fi.eely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony Dendente lit~, equitable distribution of all nutrital property or property owned or possessed individually or jointly, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the te~ms and conditions set forth herein ere fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, ai/mony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking oforai depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept ofmaritai property unde~ Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, r¢~_~nable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her he/rs, executors, administrators or assigns in any action of content/on, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHT~. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and v~rffe shall not molest, harass, disturb or malign each other or the respective ~milies of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on November 28, 2001, Husband initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 01-6779 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that upon the expiration of the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code, each will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics ~orm and any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EOUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledgn that they are the owners of that certain house and lot and all hnprovements thereupon situated at 29 C Meadowbrook Court, New Cumberland, York County, Pennsylvania 17070 {hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: { l) Commencin$ on April l, 2002, the parties agree that W'fl'e shall haYe exclusive possession of the marital residence. Husband sball at that time remove h/mself from the residence and return all keys to the residence to W'fl'e. Husband shail he permitted to enter the residence subsequent to April l, 2002 only upon W/fe's assent. (2) Commench~ on the execution date of this A~reement, W/re shall he solely responsible for ali costs, expenses and 1/ab/l/ties associated w/th or attributable to the Marital Residence, regardiess of when such cost or lhb/lity arose, including, but not limited to, any existing mortgages or home equity loans, taxes, insurance premiums, utiliries, maintenance and repairs, and Wife ~h,l! keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harrniess from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. (3) The parties agree that Husband shall complete all pending home improvements regarding the marital residence within 12 months from the date of execution of this Agreement. (b) Furnishines and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Therefore, any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband, other than any personalty or furnishings now located in the marital residence which Wife agrees Husband may have shall become his sole and separate property on April 1, 2002. (c) Motor Vehicles. Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1979 brown Ford Bronco and the 1987 Nissan Maxima, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, rifle, claim or interest of Husband. Wife shah indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with said vehicles. If either of said vehicles is titled jointly, the parties shall promptly transfer title to Wife solely. Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1981 white Ford Bronco, the 1979 Ford truck, and the 1988 Honda Accord, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all tight, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with said vehicles. If any of said vehicles is titled jointly, the parties shall promptly transfer titie to Husband solely. The parties agree that the 1964 Plymouth Barracuda currently titled jointly shall be sold end the proceeds shall be placed in a~ savings account solely in Wife's name. (d) ~ Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and ali policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (e) Pt~nsion and Retirement Benefits. Wife end Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The pm-ties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (f} C#l~h Accounts. Smelts and Investments. (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a shnilnr nature which now are titled in Husband's name alone, except that Husband shall transfer all funds from his Puerto Rico account into a trust account set up by Wife for their daughter, Valentina Marie Caraballo, for which Wife shall be named as trustee. (2) Husband agrees that Wife shall retain as her sole and separate property, flee fi.om any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. All joint financial accounts have been closed and the proceeds divided between the parties, except that the parties agree that the joint Commerce Bank cheekinE account shall remain open at this time, but the parties further agree not to withdraw funds fi.om said account that were not personally deposited by the party seeking the withdrawal. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full, except for those accounts itemized in (5)(j) below. Each party warrants and represents that he and she have paid or will pay in accordance with subparagraph (5)(j) below all obligations on joint credit accounts for which the other party was hable. (g) Miscellaneous Pronertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the pwperty is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property fi.om each to the other. (h) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies coverin8 that property, and any ascrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all fights in such property fi.om Husband to Wife. (i) prgnertv to Husbnnd. The parties agree that Husband shall own, possess, and enjoy, free from any claim of W'ife, the property awarded to him by the terms ofthis Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, tosether with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a su~cient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (j) Assumntion of Encumbrances. (1) Commencing on the execution date of this Agreement, Wife shall be solely responsible for any and all liabilities she has incurred after November 28, 2001. In addition, Wife shall be solely responsible for payment of any mortgages, home equity loans, and expenses associated with the Marital Residence as set forth in subparagraph 5(a) above. (2) Huband shall be solely responsible for any and all liabilities he has incurred after November 28, 2001. (3) The parties agree to equally split the payments on the MBNA Mastercard until paid in full. The parties further agree not to incur further debt on the MBNA Mastercard until paid in full, at which time the parties shall agree to e~ther close the account or to have the account transferred into one of their names solely. (4) The parties agree to equally split the payments on the Home Depot credit account until paid in full. The parties further agree not to incur further debt on the Home Depot credit account until it has been paid in full, unless the party who is making the purchase with the credit account pays makes payments, in addition to the amount the parties equally split, which total the amount of the purchase within 60 days of the purchase date end provides receipts to the other party showing the amou~ of the debt, the date it was incurred, and the purpose for which it was used. In the event the parties jointly agree to make a purchase with the Home Depot credit account, they shall both sign the receipt and simply continue to eq,~ai!y split the payments on the account. (5) The parties agree to equally split the orthodontist payments to Hilton & Diminck. (6) Any joint credit account debt not specifically mentioned herein shall be the sole responsibility of Husband and he shall indenmif~' and hold harmless W'ffe and her property from any claim or liability that the she will suffer or may be required to pay as a result of said debts. (?) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement or subsequent to April l, 2002 as agreed upon as set forth in subparagraph $(b) above. Each party agrees to indenmif~y and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (k) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (I) lndemaifiestion of Wife, If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnif~ her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by Wife in connection therewith. (m) Indemnifies/ion of Hnsbsad. ffany claim, action or proceeding is herea/ter initiated seeking to hold Husband liable for the debts or obligations assumed by W'de under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by Husband in connection therewith. (n) Warranty as to Future Oblinations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From tho date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Each party hereby agrees to indenufify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including reasonable attorney fees actually incurred in the event of breach hereof. 6. WAIVER OF ,~I. ,~v_IQNY. Husband and Wife hereby expressly waive, discharge and release any and all fights and claims which he or she may have now or beres~er by reason of the parties' marriage to alimony, alimony _oendente ~ support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foragoin~ constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. CgH.D SUPPORT/HEALTH INsURANcE. Husband shall pay Wife child support as agreed upon. In the event there is no agreement, Wife shall seek child support through Domestic Relations in the county in which she resides with the child. Husband shall at all times provide health insurance for the parties minor child, Vaientina Marie CerabaHo. 8. CUII.D CUSTODY. The parties agree that Wife shall have primary physical custody of the parties' minor child, Vaientina Marie Carabailo, born March 4, 1989. Husband shall have partial custody rights as agreed upon. The parties shall share legal costody of their daughter. 9. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 10. WAIVER O1~ IN-H~.RITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rishts of inhefitence in the estate of the other, any risht to elect to take a~ainst the will or any trust of the other or in which the other has an interest, and e~ch of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this A~reement. This waiver shall be construed senerally and shall include, but not be limited to, a waiver of all fights provided under the laws of Peunsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. Il. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a survivin~ spouse in and to any asset, benefit or like program carryinS a beneficiary desi~nstion which belongs ~o the other party under the terms of this Agreement, inciudins, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, end each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary des/l~aations nam/nS the other which are in effect as of the date of execution of this AgreemenI. ff and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this A~reement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belong, inS to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is (b) released or discharged bom any obligation under this Agreement or any instrument or document executed pursuam to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all fights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony l?gndente lite. alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, econonfic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. Except as set forth in this A4greement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or s'unilar allowance, or under the intestate laws or the right to take a~sinst the spouse's will, or the fight to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other counUy. (d) Except for the obligations of the parties contained in this A~reement and such rishts as are expressly reserved herein, each party 8ives to the other by the execution of this Asreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESI~RVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of 2x audits. 14. MQD1FICATION. No modification, rescission, or amendment to this A~eement shall be effective unless in writing signed by each of the parties hereto. 15. · BREACH. If either party to this Asreement resorts to a lawsuit or other legal action pursuant to th~ provisions of the Divorce Code or otherwise to enforce the provisions of this A~reement, the prevallin8 party shall be entitled to recover his or her reasonable out of pocket expenses, including but not limited to reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such, as the same shall be determined by the Court, unless the Court determines that the action was reasonable instituted and defended, and, in that event, the parties shall bear their own expenses and attorney fees. 16. WAIVER OF BREACH. The waiver by one party of any breach of this ABreement by the other party will not be deemed a waiver of any other breach or any provision of this Asreement. 17. NQTI(~E. Any notice to be ~iven under this Agreement by either party to the other shall be in writing and may be effected by certified mail, return receipt requested, or alternatively may be effected by resular mail to the party's attorney of record.. 18. APPLICABLE LAW. All acts contemplated by this Asreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF F_,XECUTION. The ~date of execution" or "execution date" of this Asreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute thi.~ Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Asree~ant shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Asreement to be null and void. 22. H~ADINGS NOT PART OF AGREEMENT. Any b~_dings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Asreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Asreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 2S. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. ff either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all reasonable attorney fees, costs, and other expenses actually incurred as a result of such failure. 26. ENFORCEMENT RIGHTS. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHR~REOI~, the parties hereto set their hands and seals on the dates ofthek, F~IqESS ...... NOF..L M. CARABALLO BRENDA S. CARABALLO COMMONWEALTH OF PENNSYLVANIA ) ) COUNTYOF C~ ~ ) BEFORE ME, the undersigned authority, on this day personally appeared NOEL M. CARABAI.I.O, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. OIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ '-'] -~ day of ]f~ ~ ,2002. Notary Public in and for Commonwealth of Perm.sylvania Typed or printed name of Notary: My commission expires: NOTARIAL SEAL WILLIAM L. GRUB8, Nc~ Public Lower Nlen Twp., Cumberland County My CommissiOn Expires Aug. 13, 2005 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF~ {) f~"~ ) BEFORE ME, the undersigned authority, on this day personally appeared BRENDA S. C~I~s~B~,I~LO, kllown to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this //fLk,~ day of ('~),ff)f': I ,2002. I- Notary Public in.nd for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: NOEL M. CARABALLO, Plaintiff VS. BRENDA S. CARABALLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA NO. 01-6779 Civil Tcx~m CIVIL ACTION - LAW : : IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Grounds for divorce: ~/ Section 3301(c) of the Divorce Code __ Section 3301(d) of the Divorce Code (a) Date complaint filed: November 28, 2001 (b) Date of service of the complaint: December 3,2001 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: 4' Certified mail, restricted delivery to and return receipt signed by defendant First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff __ Personal service by competent adult other than Sheriff (Affidavit attached) __ Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached) (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaintiff: April 16~ 2002 defendant: April 12~ 2002 Date of filing: plaintiff: contemporaneously herewith defendant: contemporaneously herewith (b) PlaintiWs affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of sen, ice: Related claims pending: (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff: contemporaneously herewith By defendant: contemporaneously herewith VERIFICATION I verify that the statements made in this praecipe are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date IN THE COURT OF COMMON PLEAS CF CUMBERLAND' COUNTY ST/~TE Of .~. PENNA. NOEL M. CARABALLO Plaintiff VERSUS BRENDA S. CARABALLO Defendant NO. Ol - 6779 civil Term Decree IN DIVORCE DECREED THAT NOEL M. CARABALLO 2002 AND BRENDA S. CARABALLO , IT IS ORDERED AND PLAINTIFF, 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; atTE'~ ~ --{' _J' PROTHONOTARY