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HomeMy WebLinkAbout09-4413Cara A. Boyanowski, Esquire Pa. Supreme Court ID No. 68736 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 hnglestov?n Road Suite 201 Harrisburg, Pennsylvania 171 10 Telephone (717) 540-9170 Far (717) 540-5481 Attorney For Plaintiff LUCINDA K. BERRIOS, Plaintiff VS. TY A. BERRIOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ??; 2t NO. C , t?y -3 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 claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, High and Hanover Streets, 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. 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y ]a notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. Sl NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Cara A. Boyanowski, Esquire Pa. Supreme Court 1D No. 68736 Serratelli. Schiffman, BrmNn and Calhoon. P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 171 10 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff LUCINDA K. BERRIOS, Plaintiff VS. TY A. BERRIOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. U? "yc?l5 c?? CIVIL ACTION -LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, Lucinda K. Berrios, by and through her attorney, Cara A. Boyanowski, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, Ty A. Berrios, upon the grounds hereinafter more fully set forth: DIVORCE 1. Plaintiff is Lucinda K. Berrios, an adult individual, who currently resides at 52 Windsor Way, Camp Ilill. Cumberland County, Pennsylvania 17011. 2. Defendant is Ty A. Berrios, an adult individual, who currently resides at 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 10, 2006 in Camp Hill, Cumberland County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Having been advised of such, Plaintiff has no desire to attend counseling sessions with Defendant. 6. There have been no prior- actions oi'divorce or for annulment between the parties. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff and Defendant are both citizens of the United States of America. 9. Plaintiff avers that there are no children born of this union. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on June 9, 2009. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. I verify that the statements made in this Complaint 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. By: Ac' Lucinda K. Berrios, Plaintiff Date: 1 " fL - LI'? By: Cara A. Boyanowsk , Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff Cara A. Boyanowski, Esquire Pa. Supreme Court ID No. 68736 Serratelli, Schiffinan, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff LUCINDA K. BERRIOS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. . NO. : CIVIL ACTION -LAW TY A. BERRIOS, Defendant IN DIVORCE WAIVER OF COUNSELING 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 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.A Section 4904, relating to unsworn falsification to authorities. Date: luc,"A& 6 2?,z'V"rJ Lucinda K. Berrios ,ZN LJ lT 1, lr H y L14y y 1,) 7 Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cboyanowski @ ssbc-law.com Attorney for Plaintiff, Lucinda K. Berrios LUCINDA K. BERRIOS, Plaintiff VS. TY A. BERRIOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 094413 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND NOW, comes Plaintiff, Lucinda K. Berrios, by and through her counsel, Cara A. Boyanowski, Esquire, and the law office of Serratelli, Schiffman, Brown & Calhoon, P.C., and files her Petition for Exclusive Possession of Residence Pursuant to §3502 (c) of the Divorce Code and Pa.R.Civ.P. 1920.43 and in support thereof avers as follows: 1. Petitioner is Lucinda K. Berrios, the Plaintiff in the above captioned divorce action, who resides at 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania 17011. Recently, due to marital problems, Ms. Berrios has moved in with her sister, Alicia Boodoo, who resides at 13111 Millhaven Place, Unit N. Germantown, MD 20874. 2. Respondent is Ty A. Berrios, the Defendant in the above captioned divorce action, who is currently residing at 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Petitioner and Respondent were married on June 10, 2006 in Camp Hill, Cumberland County, Pennsylvania. 4. The parties separated on or about June 9, 2009 and have continued to live separate and apart since that date. Petitioner filed the above captioned divorce action on July 2, 2009. Facts Suonortine Motion for Exclusive Possession 6. On June 28, 2005, Petitioner purchased the parties' current residence, that being, the real property located at 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Windsor Way Property"). A copy of the deed to this real property is attached hereto as Exhibit "A." 7. In accordance with 23 Pa.C.S. §3501 (a) (1) General rule. As used in this chapter, "marital property" means all property acquired by either party during the marriage and the increase in value of any marital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection (a.1). However, marital property does not include: (1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage. 8. Prior to the Parties' marriage, the Parties executed a Prenuptial Agreement dated June 9, 2006. A true and correct copy of the Prenuptial Agreement is attached hereto as Exhibit «B 9. Pursuant to Paragraph One of the Prenuptial Agreement, the Windsor Way Property is identified as Petitioner's sole and exclusive non-marital property. In fact, in accordance with the provisions set forth in Paragraph One (b), Respondent further waived any interest he may have in the increased value associated with the premarital real property, as well as, agreed that Petitioner had the right to "lease, sell or dispose [of the real property] ...without claim by or interference from [him]". 10. Since June 9, 2009, Petitioner has learned that Respondent has forged her name on checks to receive cash from her bank accounts, failed to pay-joint marital debts (even though she provided him with the money to do so each month), attempted to physically force himself upon her to engage in intercourse, and threatened to have her admitted to a mental institution for evaluation. 11. Due to Respondents constant threats upon her, Petitioner physically removed herself from the Windsor Way Property on or about June 9, 2009, as she was afraid to stay alone in the residence with Respondent. 12. Respondent, who is currently unemployed, has no funds available to satisfy the monthly mortgage due and owing on the Windsor Way Property, or the utility bills associated with the same. 13. For the past several months, while the parties' marital relationship was disintegrating, Petitioner repeatedly requested that Respondent leave the Windsor Way Property. Despite Petitioner's requests, Respondent has failed to and otherwise refused to vacate the residence, even though his mother lives less than one mile from the Windsor Way Property and has agreed that he may move in with her. 14. Upon a recent visit to the Windsor Way Property. Petitioner learned that Respondent was not maintaining the residence in a clean fashion. Specifically, Respondent is refusing to clean up after himself and is creating waste within the house. 15. Petitioner would like to list the property for sale, but is afraid to do so with Respondent continuing to reside in the property, as he will not keep the residence in a clean manner for showings. The Court should Award Petitioner Exclusive Possession of the Windsor Way Property 16. The averments set forth in paragraphs 1 - 15 are incorporated by reference as if mrnre fully set forth at length herein. 17. As previously stated herein, the Parties' Prenuptial Agreement clearly and unequivocally defines the Windsor Way property as Petitioner's pre-marital/non-marital property. 18. 23 Pa.C.S. §3502(c) provides (c) Family Home. The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 19. Pursuant to Section 3502(c) of the Divorce Code, the court has the authority to grant Petitioner the right to reside in the marital residence during the pendency of the instant divorce proceedings, to the exclusion of Respondent. 20. Petitioner asks the Court to exercise its equitable powers and direct that Petitioner be awarded exclusive possession of the marital residence and that Respondent be enjoined from entering unto the real property. WHEREFORE, Petitioner, Lucinda K. Berrios, respectfully requests this Honorable Court enter an Order: A. Directing Respondent, Ty A. Berrios, to remove himself from the real estate located at 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania within twenty- four (24) hours of the date of this Order of Court; B. Awarding exclusive possession and use of 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania to Petitioner, Lucinda K. Berrios, pursuant to 23 Pa. C.S. §3502 (c), thereby enjoining Respondent from entering onto said Windsor Way Property; and C. Further award Petitioner all such other relief as is property and just. Respectfully submitted, Cara A. Boyanowski, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Petitioner Date: 0-1?og`o'?X VERIFICATION I verify that the statements made in the foregoing Petition for Exclusive Possession of Residence 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. Date: `l.4? ?''? ? /_I,[m Lucinda K. Berrios CERTIFICATE OF SERVICE 1, Cara A. Boyanowski, Esquire, counsel for the Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Petition for Exclusive Possession of Residence upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Ty A. Berrios, Pro Se 52 Windsor Way Camp Hill, Pennsylvania 17011. Date: 6)k A(ara A. Boyanowski, Esquire 0 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 w. 4 r ? ?. a Tax P'1tre em "4#431"tll Y ? Y ?j 1 w ? . , 1t ljt° imee, 205 AIND LliCiNDA I ZAMM Sib& Fef* , Of tier MINt•O„D, PMIWYI%'Attm t ANW,E*.. tnt t dw in wnwd"im at Two H%vdred Twtmtys-Nlne `rfmmtshad Wine Hatadred ($229-;W-04k) DOW%, 11<1e mcipt 1i 1 h4eh it, hcm+y di -awi Gramof &es tbmiy ?eant aiLd coavvy to rile rim] tilatly t:, tits kmri amd av-upy, 210 CoMis Mat of PAEOd lost i0i a PM&IK J1§? 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E lued offs t-t': 1w. ?;o(wtly jim-k'tiroJ Vief"11 .1. Phaijitara suet knots 1). Pft11,1ftgqu i•;.n evri It, (ate (Lit mfistat urily prt ym) to be the ymms wlw--.= rxutrtu? = wb.s ibasd to the within instmimmt, an djdmowl+ M liitttt dicx=tbW tic mw for the putrp therms ,ottt$imt. in wig"" itftt t have bftftmdo ad Iny bmw NJ Of ia) My cmminion cMita., I hueby t i.[y the Pw-jw Akan Of 111(: W'AIA a_ir;aale as !: 52 Wlb"w 'Way. Cmf Hill, PA 17011. ? 5 41 13 t A, I ` W- ` ? a ev, VIVA 51" 260 y:??.?? lTi A'Cl?w bi??i f R 3 y.D E 9?` f x?,• .?` PAM43 PRENUPTIAL AGREEMENT THIS AGREEMENT,made and entered into this _?_day of I LLk1 , 2006, by and between Lucinda K. Zamir of 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania, 17011 (herein referred to as "Prospective Wife") and Ty A. Berries of 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania, 17011 (herein referred to as "Prospective Husband"). RECITALS WHEREAS, Prospective Wife and Prospective Husband intend to be married, and in consideration oftheir mutual covenants and promises contained in this Agreement, each desires to release all estate, marital and community property rights to the property and estate of the other now and hereafter. WHEREAS, the parties are anticipating marriage to each other; Wl + + ,in anticipation oftheir intended marriage, the parties desire to express in writing their agreement that, except as may be hereinafter specifically provided, their marriage shall not in any way change their existing rights or the rights ofothers who maybe theirheirs, next ofkin, devisees, legatees, beneficiaries or appointees in the property, real and personal, wherever in the world located, now owned or controlled or hereafter acquired or controlled by each of the parties; WHEREAS, the parties believe that unfortunate disputes and misunderstandings can be avoided by settling now their respective rights in the unlikely event their marriage should terminate in divorce; WHEREAS, the parties have famished to each other full and fair financial disclosures, receipt of which the parties hereby acknowledge and copies ofwhich are attached hereto as Exhibits "A" and "B" specifically incorporated herein by reference; WHEREAS, Prospective Wife and Prospective Husband have each, at one point in time prior hereto, utilized the legal services of and counsel of John R. Beinhaur, Esquire, BEINHAUR & CURCILLO, 3964 Lexington Street, Harrisburg, Pennsylvania, 17109. Each party has requested that said counsel prepare this Agreement and each party acknowledges disclosure of thepotential conflict of interest created by this arrangement, each knowingly and voluntarily waives such conflict, and each requests that such Agreement be prepared and further acknowledge that each has had the opportunity to consult with another independent attorney and has either done so or knowingly, voluntarily and with free will, waives the right to do so. Each party, by signing this Agreement understands that such signing does affect his or her economic rights following their marriage. With such understandin& they enter into this Agreement fully informed. WITNESSETH NOW, THEREFORE for the foregoing reasons, and intending to be legally bound, and in consideration of the mutual covenants and promises herein set forth, as well asOne ($1.00) Dollar and othervaluable consideration, Prospective Wife and Prospective Husband incorporate the above Recital by reference into this Agreement and make it a part hereof and do hereby finther agree as follows: 1. SEPARATE PROPERTY/CONTROL AND NO COMPENSATION: Each of the parties hereto shall have full power and separate control of her or his property, both real and personal, which such property shall be titled or held individually in his or her name alone, to lease, to sell or dispose of the same and receive all moneys, rents, issues and profits thereof, without claim by or interference from the other at any time during their lifetime. Each of the parties agrees that under no circumstances shall either party owe the other any compensation whatsoever regarding (a) the property of the other party, real and personal, wherever in the world located, owned or controlled by him or her, acquired before or after the marriage of the parties, by any means, from any source, whether with or without consideration, (b) the income or increase in value of such property, (c) the wages, professional fees or earnings ofthe other party, (d) any rights or benefits of the otherparty unless otherwise designated in writing, (e) any rights or benefits of the other party under any pension, profit-sharing, employee benefit or retirement plan unless designated as a beneficiary thereon. 2. SEPARATE PROPERTY: Any property, either real or personal acquired before marriage by either prospective spouse and placed in the name of that spouse alone, or the proceeds and assets traceable to such property remaining in the name of the original spouse as owner shall be that spouse's separate property and may be disposed of by that spouse, without any claim being made by the other prospective spouse, as more specifically stated in Paragraphs 6, 7, and 11 herein. The parties have included a full and fair inventory of such Property attached hereto as Exhibits "A" and "B" and incorporated herein by reference. 3. VOLUNTARY ACTION• Neither prospective spouse shall be precluded by the terns ofthis Agreement from making any gifts of property, either real or personal, to the other prospective spouse after the marriage of the parties; however, no gifts, bequests, or devises have been promised or agreed upon by the parties hereto. 4. NO CHILDREN OR PRIOR MARRIAGE: Both parties acknowledge that they have no children and no prior marriages. Bothparties hereby indemnify each other from any claims by any potential children, not the result of this marriage, against the other, such potential children being not intended to benefit by this marriage. 5. DISCLOSURE: Each of the parties have made a full disclosure to the other parry of all property owned or otherwise held by the respective party, which disclosures are attached hereto as Exhibits "A" and "B." 6. ESTATE RIGHTS OF PROSPECTIVE HUSBAND AND PROSPECTIVE WIFE:In consideration that Prospective Wife and Prospective Husband shall marry, the parties agree that each shall be permitted to inherit from the other pursuant to the laws and Statues of the Commonwealth of Pennsylvania, or by any other state in which they might be domiciled at the time of her death. This shall include any separately owned property of either spouse unless same is designated otherwise by Last Will and Testament and in such event, the surviving spouse shall not file a contest as to such designation. 7. JOINT PROPERTY: Any provision herein to the contrary notwithstanding, any property hereafter held by the parties as joint tenants with the right of survivorship, or tenants by the entireties, shall vest in the Surviving spouse upon the death of the other, free and clear of any claims by the heirs or estate of the deceased. Such property shall be evidenced only in writing and may not be claimed as an oral agreement. 8. WILLS: Notwithstanding Paragraph 6 above, both prospective spouses shall, within a reasonable period af ter the execution of this Agreement, execute their respective Wills, which shall contain a provision that in that event they should die in a joint accident or disaster, or within thirty (30) days of each other, all jointly held property shall be distributed in accordance with the Pennsylvania Probate, Estates and Fiduciaries Code, Section 8503, so that one-halfof all joint property shall pass through the estate of each spouse. Neither spouse shall, during the life of this Agreement, modify or revoke their Wills so as to affect this provision of this Agreement, except by mutual consent in writing. 9. DEBT INDEMNIFICATION: Each party hereby indemnifies the other, and her or his respective estate, from all debts, past, present or future, incurred by her or him; it being the intention of the parties that each patty shall now and hereafter be responsible forhis or her own debts excepting only those which the parties voluntarily jointly incur. 10. I,LFE INSURANCE PROTECTION FOR PARTIES; The parties have elected that they may apply for and obtain such insurance at any future time, but shall be under no obligation to do so. 11. DIVORCE: In the event either of the parties at anytime after the date of the marriage find that he or she is unable or unwilling to continue the marriage arrangement for purposes of irretrievable breakdown ofthe marriage, filed on an amicablebasis, then the parties agree that alljointly held property or entireties property shall be distributed equally between the parties without regard to any applicable divorce statute and each party shall retain their individual pmoperty titled or held individually without regard to any applicable divorce statute. The only exception shall be that Prospective Wife" retain her jewelry whenever acquired and her family china. In the event either of the parties at any time after the date of the marriage find that he or she is unable or unwilling to continue the marriage arrangement for purposes of infidelity proven by the other spouse, such infidelity defined as a relationship of a sexual nature with a party outside the marriage, then the parties agree that all j ointly held property or entireties property shall become the sole property of the innocent and injured spouse without regard to any applicable divorce statute and each party shall retain their individual property titled or held mchviduallywithoutregard to any applicable divorce statute. The only exception shall be that Prospective Wife shall retain her j ewelry whenever acquired and her family china. 12. SPOUSAL SUPPORT: Neither party shall be required to pay any claim for spousal support, alimony, alimony penedente lite, or other support incidental to the marriage relationship in this or in any other jurisdiction, under any statute, divorce or otherwise then in existence, unless such parties shall agree otherwise in writing. 13. WAIVER AND RELEASE OF STATUTORY RIGHTS: The remedies contained in the Pennsylvania Divorce Code, as amended from time to time, including but not limited to equitable distribution, or any successor legal concept ofproperty division, and alimony, alimony pendente lite, counsel fees and expenses, as passed in the Commonwealth of Pennsylvania, or any other jurisdiction, now or in the future, as well as any community property laws presently in existence or to be passed in any jurisdiction at some time in the future, shall be totally inapplicable and unavailable to the parties, and the rights created by such laws, set forth in this paragraph, are hereby waived and released by both parties, regardless of circumstances. To these ends, each party hereby agrees to indemnify, defend and hold the other harmless from application of such laws and remedies in the event for whatever reason said otherparty is compelled to pay money, transfer or assign real or personal property, or other individually held or pre-marital assets as a result of the application of equitable distribution, alimony, support, alimony pendente lite, counsel fees or costs or under the community property laws of any jurisdiction. This indemnification shall include the right to reimbursement for actual attorney's fees incurred to defend against such a claim. 14. FURTHER DOCUMENTS AND VALIDITY: Prospective Wife and Prospective Husband shall execute and deliver any other instruments or documents necessary or convenient to give effect to the provisions of this Agreement now or in the future. If any term, condition, clause of provision ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. In the event of such invalidity, as stated above, Prospective Wife and Prospective Husband shall take whatever action is deemed necessary to validate and bring the terms of this Agreement within the law, keeping in mind as paramount the intent of the parties as expressed and implied throughout this Prenuptial Agreement. 15. EFFECTIVE ON MARRIAGE: This Agreement shall become effective upon the solemnization of the marriage between Prospective Wife and Prospective Husband, and shall be null and void if the proposed marriage fails to occur for any reason except annulment. 16. MODIFICATION: This Agreement maybe modified, amended or rescinded at anytime after the solemnization of the marriage by subsequent voluntary written agreement between Prospective Wife and Prospective Husband except neither may do so by power of attorney even if such may be authorized therein. 17. ENTIRE UNDERSTANDING: The provisions contained in this Agreement represent the entire understanding between Prospective Wife and Prospective Husband pertaining to their respective property and marital property rights, and all prior discussions and agreements shall merge herein. 18. REPRESENTATION: Prospective Wife and Prospective Husband stipulate that they and each of them have had the opportunity to be represented by legal counsel of their choice in the preparation of this Agreement; that they have read this Agreement; that they fully understand the terms, provisions and legal consequences ofthis Agreement; and that they have each executed this Agreement freely, knowingly, voluntarily and in the absence of coercion and duress. 19. EXPRESS INTENT: It is the intent of the parties hereto with respect to assets titled in the name or held solely by one of the parties, whether acquired prior to or after marriage, that disposition under any and all circumstances shall be governed solely by the voluntary desires of the titled party or party in possession, with current or future marital or estate laws in any jurisdiction having no effect of any kind on such disposition. 20. PRIOR UNDERSTANDING: The parties acknowledge that no prior understanding contrary to the intent and terms of this Agreement exists. 21. INTERPRETATION: This Agreement shall be enforced and interpreted according to the laws of the Commonwealth of Pennsylvania, and shall be binding on their heirs, executors, administrators and assigns. However, the terms of this Agreement shall take precedence over any contrary statutory or common law interpretation. 22. DESCRIPTIVE PARAGRAPH HEADINGS: The descriPtivcParagraPhheadings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: V? Lucinda K. Zamir Ty A. Berrios DISCLOSURE OF RIGHTS WAIVED It is understood that we have and are waiving by our Prenuptial Agreement the following rights to the event of a death or divorce between us: a. Distribution of Property: The Court may fairly distribute all ofe property acquired by us dozing the marriage (marital property) in addition to any interest we may have acquired in any non-marital property; i.e., although personal gifts, inheritances and premarital property remains non-marital property belonging to one ofus, the increase in value of non marital property is subject to division by the Court. This property may be distributed without regard to marital misconduct, in any proportion the Court deems fair and just under the circumstances existing during our marriage and as they would exist after our divorce. b. Alimony: _ After divorce, the Court may require one of us to pay support (referred to as "alimony" gar divorce) to the other in such amount and for such duration as the Court would deem appropriate, based on our circumstances at the time, including marital misconduct. C. Spousal SuRport: The Court may require one ofus to pay spousal support to the other, upon our separation, before a divorce. d. Alimnnv ep eute late: The Court may require one of us to pay alimony pendente lite, i.e., support pending the divorce, to the other during the course of any divorce proceedings. This sum enables a spouse to sustain the overall financial bwden involved in a divorce, andmaybe awarded during marriage, in addition to any other relief, including support. e. Counsel Fees and Ex e, enses: The Court may require one of us to pay all, or a portion of the other's counsel fees and expenses incurred as a result of any divorce action brought by either of us. WE BOTH HAVE READ AND FULLY UNDERSTAND THE LANGUAGE SET FORTH ABOVE AND THE RIGHTS WE HAVE WAIVED. WE FURTHER UNDERSTAND THAT WE ARE ENTITLED TO HAVE SUCH RIGHTS FULLY EXPLAINED TO US BY AN ATTORNEY OF OURCHOICE. KNOWING THIS, WE HAVE WITHOUT ANY COERCION OR DURESS, CHOSEN TO EXECUTE THE PRENUPTIAL AGREEMENT. n4 4 ^4 Lucinda K. Zamir WITNESS Ty A. Berrios COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS: On this, the j day of OJE , 2006, before me, the undersigned officer, personally appeared Lucinda K. Zandr, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL JOHN R. BEINHAUR. Notary Public Lower Paxton Twp., Dauphin County _ My Commission Expires March 13, 2007 NO ary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS: f_ On this, the day of ?JMAAJ _, 2006, before me, the undersigned officer, personally appeared Ty A. Berrios, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL JOHN R. BEINHAUR. Notary Public tary Public Lower Paxton Twp., Dauphin County s.My Commission Expires March 13, 2007 EXHIBIT "A" PROSPECTIVE WIFE'S DISCLOSURE e d, n C h e m ke e l.. c,rrl rr l? a , yo K ?,, , ap 0 p 3. , ?-? ao y, ti ? a ,3ao . ?? EXHIBIT "B" PROSPECTIVE HUSBAND'S DISCLOSURE 1. pt4 7 1'?ov;dA, e o„ l l..S 1,,,?c?1 .> i c,. C4 ecl c t ?i v Picc. ?s OOd , 00 a T{-;y OF r. ??Y Z?9 Jv'_ _. g ?'9 1 3 JUL 10 2009 67 LUCINDA K. BERRIOS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-4413 CIVIL TERM : CIVIL ACTION -LAW TY A. BERRIOS, Defendant IN DIVORCE RULE AND NOW, this jq'4?' day of , 2009, upon consideration of the Plaintiff/Petitioner's Petition for Exclusive ossession, a Rule to Show Cause is issued upon Defendant/Respondent to show cause, if any he has, why the relief requested therein should not be granted. RULE RETURNABLE on (Q , 2009, in Courtroom No. at 3D a.m./pdfi. in the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. B DJSTRIBUTION: ,-Xara A. Boyanowski, Esquire Attorney for Plaintiff ,./'1'y A. Berrios, Pro Se I ry? L LC 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 52 Windsor Way, Camp Hill, PA 17011 lyfL?? 1 CF T111 2M V-;i 2; 113', LUCINDA R. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TY A. BERRIOS : 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this d 5 day of July, 2009, this court's order of July 14, 2009, is amended to reflect the rule is returnable on August 6, 2009, in Courtroom No. 2, at 9:30 a.m., in the Cumberland County Courthouse, Carlisle, Pennsyyl 4nia. By the C Edgar B. Bayley, J. ara A. Boyanowski, Esquire For Lucinda R. Berrios Xy A. Berrios, Pro se 52 Windsor Way Camp Hill, PA 17011 :sal i OF T, 20C9 Jt 4 ?t 4,11 LL J ? Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 Attorney for Plaintiff LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-4413 CIVIL TERM TY A. BERRIOS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 3rd day of July, 2009, she did serve upon Ty A. Berrios, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by certified mail, restricted delivery, addressed to 52 Windsor Way, Camp Hill, Pennsylvania, 17011. The domestic return receipt for said Complaint is attached hereto as Exhibit "A." Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to and subscribed before me this l5y' day of ,,`Iy , 2009 Ig111MA? s1EK. ? ONINtrAY ? OAIMNN By: &&MWUQU? Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 171 10 (717) 540-9170 Attorney for Plaintiff r1' .r • . ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse 4 so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Ty A . b-xju t as 5? W1% ndsar V, ? CCLmp V- tl. PA ?-4ot 1 A stare ? Agent ? Addressee B. Received by (Printed Name) C. Date of Delivery Ki? D. Is dellvAry address different from item 1? ? Yes tf YES, enter delivery address below: ? No Service Type V-:6w ssd man o Emreea trap Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Rea- I, - a DaWaY? Oft Foo 2' Number 7008 0150 0002 2957 9375 (1l.uArtlarr aenitos ?b+0 Ps Form 3811, Februery 2004 Darrrealic Rearm Reoelpt 1025e5424A-IM r.: ZUU9 JUL 16 A 11: 3 7 culvi. A , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERIOS No. 09-4413 V. TY A. BERRIOS MOTION TO COMPEL MANDATORY COUNSELING 1. Petitioner, TY A. BERIOS PRO SE, respectfully requests that this Honorable Court grant the Motion to Compel Mandatory Counseling, and in support thereof avers as follows: 2. Petitioner is TY A. BERRIOS, Defendant in the above-captioned divorce action. 3. Respondent is LUCINDA K. BERRIOS, the Plaintiff in the above-captioned divorce action. 4. Petitioner and Respondent were married on JUNE 10,2006. 5. On JULY 2, 2009, Respondent commenced a divorce action by filing a Complaint in Divorce as of the above docket number seeking a divorce under Section 3301(c) of the Divorce Code. 6. Section 3302 of the Divorce Code provides that, whenever mutual consent under Section 3301(c) is the ground for divorce, the court shall require up to three counseling sessions within the ninety days following the commencement of the action where either of the parties requests it. 7. Section 3302(e) further provides that the choice of a qualified professional shall be at the option of the parties. 8. Petitioner desires to compel Respondent to participate in the mandatory counseling sessions provided for in the Divorce Code with , a qualified professional who is available to perform such counseling. 9. Petitioner also seeks to share the costs of such counseling sessions equally, without prejudice to either partys rights in the underlying divorce action. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant TY A. BERRIOS his Motion to Compel Mandatory Counseling. TY A. BERRRIOS, PRO SE Fl LEG "'i'Ci E ,)F THE F.-' ±,-`C TARY 2009 JUL 17 Pxi 12. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS No.09-4413 CIVIL TERM V. TV A. BERRIOS Motion to Dismiss Divorce Complaint And now on this 20th day of July, 2009, TY A. BERRIOS, moves the court to dismiss the divorce complaint in the above-entitled case for the following reasons: 1. This is an action in divorce instituted by Plaintiff LUCINDA K. BERRIOS on July 2, 2009. 2. The parties were married on June 10, 2006 and separated on or about June 9, 2009. 3. The plaintiff filed a complaint in divorce on the grounds of: Section 3301(c) The marriage of the parties is irretrievably broken After ninety 90 days have elapsed from the date of the filing of this Complaint Plaintiff intends to file an Affidavit consenting to a divorce Plaintiff believes that Defendant may also file such an Affidavit 4. The defendant will not sign an affidavit consenting to a divorce under any section of the divorce code. 5. The defendant does not believe that the marriage is past the point of saving. 6. The defendant has filed a motion to compel marriage counceling with the court, which a copy is attached to this motion. 7. The courts have held that when a defendant is unwilling to consent to a divorce under section 3301(c) that the court is without jurisdiction to hear a divorce complaint. I have attached a copy of case law in regards to this statement. 8. The defendant prays that the court will issue an order stating the above mentioned divorce complaint is dismissed, and cancel any hearing that have been scheduled in this complaint. If the court is unwilling to dismiss this divorce complaint, the defendant requests that the court issue a stay on any issues regarding the divorce complaint till the conclusion of the marriage counseling. (Cumberland County Local Rules Civil 1920.45-4) A azl__ TY A. BERRIOS 52 WINDSOR WAY CAMP HILL, PA 17011 717-574-1948 VERIFICATION I verify that the statements made in the foregoing motion are true and correct I understand that false statements herein are made subject to the penalties of 18 PaCS Section 4904 relating tounwornfalsification to authorities , , ?q? TY A. BERRIOS DATE ORDER IT IS ORDERED that the above-entitled action be, and it hereby is, dismissed without prejudice. Dated , 2009. Judge Vu IN THE COURT OF COMMON PLEA' OF CUMBERLAND COUNTY, PENNSYLVANIA C,'a^ LUCINDA K. BERIOS No. 09-4413 V. TY A. BERRIOS MOTION TO COMPEL MANDATORY COUNSELING 1. Petitioner, TY A. BERIOS PRO SE, respectfully requests that this Honorable Court grant the Motion to Compel Mandatory Counseling, and in support thereof avers as follows: 2. Petitioner is TY A. BERRIOS, Defendant in the above-captioned divorce action. 3. Respondent is LUCINDA K. BERRIOS, the Plaintiff in the above-captioned divorce action. 4. Petitioner and Respondent were married on JUNE 10,2006. 5. On JULY 2, 2009, Respondent commenced a divorce action by filing a Complaint in Divorce as of the above docket number seeking a divorce under Section 3301(c) of the Divorce Code. 6. Section 3302 of the Divorce Code provides that, whenever mutual consent under Section 3301(c) is the ground for divorce, the court shall require up to three counseling sessions within the ninety days following the commencement of the action where either of the parties requests it. 7. Section 3302(e) further provides that the choice of a qualified professional shall be at the option of the parties. 8. Petitioner desires to compel Respondent to participate in the mandatory counseling sessions provided for in the Divorce Code with , a qualified professional who is available to perform such counseling. 9. Petitioner also seeks to share the costs of such counseling sessions equally, without prejudice to either partys rights in the underlying divorce action. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant TY A. BERRIOS his Motion to Compel Mandatory Counseling. 16014 -A6.- TY A. BERRRIOS, PRO SE In Smith v. Smith, the trial court held that a court lacks jurisdiction under 23 Pa. C. S. § 3301(c) when the parties will not consent to divorce; more- over, ancillary claims of divorce, including equitable distribution, cannot proceed without a viable divorce action. The trial court declared: "Plaintiff's complaint specifies that he is seeking a divorce under Section 3301(c) of the Divorce Code. Furthermore, in that complaint he alleges not only that the marriage is irretrievably broken, but that both parties will file an affidavit of consent as required under Section 3301(c). Since the record now estab- lishes that the Defendant has not, and will not, file that affidavit, the record establishes that there is no viable divorce claim. Thus, we have no further jurisdiction under the Divorce Code." The court further noted that this case is controlled by Petti v. Petti, 1 Bradford L. J. 1 (1992). In Petti the defen- dant refused to file an affidavit of consent and moved to dismiss because the court lacked jurisdiction under the Divorce Code to entertain the com- plaint. The court held that because the plaintiff's complaint attempted to al- lege only a cause of action under § 3301(c) of the Divorce Code, and be- cause more than 90 days had elapsed since the filing of that complaint, and because no affidavit of consent had been or would be, filed by the defen- dant, the court did not have jurisdiction to further entertain the divorce ac- tion. "Thus, the substantive ruling of Petti was that where the record estab- lishes that the plaintiff is not entitled to a divorce, the court has no jurisdiction to entertain the divorce action, and a request to dismiss the divorce must be granted." Smith v. Smith, 4 Bradford L. J. 118 (C.C.P. 2001). FILE, OF THE PR TPC`;"4rjTAAY 2009 JUL 20 PM 12= } 7 PEN SYL1'ANvA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS No.09-4413 CIVIL TERM V. TY A. BERRIOS PETITION TO SET ASIDE ANTENUPTIAL AGREEMENT Petitioner, by TY A. BERRIOS, hereby requests this Honorable Court to set aside the Antenuptial Agreement entered into by the parties on JUNE 9,2006. In support thereof, Petitioner avers as follows: 1. This is an action in divorce instituted by Plaintiff LUCINDA K. BERRIOS on July 2,2009. 2. The parties were married on June 10,2006 and separated on or about June 9,2009. 3. Prior to their marriage on June 10,2006, the parties signed an Antenuptial Agreement. A true and correct copy of said Agreement is marked Exhibit "A," attached hereto and made a part hereof. 4. Petitioner avers that said Antenuptial Agreement is null and void, invalid and unenforceable for the following reasons: a. The Agreement does not contain full and complete financial disclosures by the parties, the respondent Lucinda K. Berrios failed to disclose the real property of 52 Windsor Way, Camp Hill, Pennsylvania in her asset exhibit. 5. The Antenuptial Agreement between the parties is null and void and should be set aside. WHEREFORE, Petitioner prays this Honorable Court to enter an Order setting aside the Antenuptial Agreement signed by the parties. Date m Ty . Berrios 52 Windsor Way Camp Hill, Pa 17011 717-574-1948 PRENUPTIAL AGREEMENT THIS AGREEMENT, made and entered into this -?- day of , Gu 12006, by and between Lucinda K. Zamirof 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania, 17011 (herein referred to as "Prospective Wife") and Ty A. Berrios of 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania, 17011 (herein referred to as "Prospective Husband"). RECITALS WHEREAS, Prospective Wife and Prospective Husband intend to be married, and in consideration of their mutual covenants and promises contained in this Agreement, each desires to release all estate, marital and community property rights to the property and estate of the other now and hereafter. WHEREAS, the parties are anticipating marriage to each other; WHEREAS, in anticipation of their intended marriage, the parties desire to express in writing their agreement that, except as may be hereinafter specifically provided, their marriage shall not in any way change their existing rights or the rights of others who may be their heirs, next o f kin, devisees, legatees, beneficiaries or appointees in the property, real and personal, wherever in the world located, now owned or controlled or hereafter acquired or controlled by each of the parties; WHEREAS, the parties believe that unfortunate disputes and misunderstandings can be avoided by settling now their respective rights in the unlikely event their marriage should terminate in divorce; WHEREAS, the parties have furnished to each other full and fair financial disclosures, receipt of which the parties hereby acknowledge and copies of which are attached hereto as Exhibits "All and "B" specifically incorporated herein by reference; WHEREAS, Prospective Wife and Prospective Husband have each, atone point in time prior hereto, utilized the legal services of and counsel of John R. Beinhaur, Esquire, BEINHAUR & CURCILLO, 3964 Lexington Street, Harrisburg, Pennsylvania, 17109. Each party has requested that said counsel prepare this Agreement and each party acknowledges disclosure of the potential conflict of interest created by this arrangement, each knowingly and voluntarily waives such conflict, and each requests that such Agreement be prepared and further acknowledge that each has had the opportunity to consult with another independent attorney andhas either done so or knowingly, voluntarily and with free will, waives the right to do so. Each party, by signing this Agreement understands that such signing does affect his or her economic rights following their marriage. With such understanding, they enter into this Agreement fully informed. WITNESSETH NOW, THEREFORE for the foregoing reasons, and intending to be legally bound, and in consideration of the mutual covenants and promises herein set forth, as well asOne ($1.00) Dollar and other valuable consideration, Prospective Wife and Prospective Husband incorporate the above Recital by reference into this Agreement and make it a part hereof and do hereby further agree as follows: 1. SEPARATE PROPERTY/CONTROL AND NO COMPENSATION: Each of the parties hereto shall have full power and separate control ofher or his property, both real and personal, which such property shall be titled or held individually in his or her name alone, to lease, to sell or dispose of the same and receive all moneys, rents, issues and profits thereof, without claim by or interference from the other at any time during their lifetime. Each of the parties agrees that under no circumstances shall either party owe the other any compensation whatsoever regarding (a) the property of the other party, real and personal, wherever in the world located, owned or controlled by him or her, acquired before or after the marriage of the parties, by any means, from any source, whether with or without consideration, (b) the income or increase in value of such property, (c) the wages, professional fees or earnings of the other party, (d) any rights or benefits of the other party unless otherwise designated in writing, (e) any rights or benefits ofthe other parry under any pension, profit-sharing, employee benefit or retirement plan unless designated as a beneficiary thereon. 2. SEPARATE PROPERTY: Any property, either real or personal acquired before marriage by either prospective spouse and placed in the name of that spouse alone, or the proceeds and assets traceable to such property remaining in the name of the original spouse as owner shall be that spouse's separate property and may be disposed of by that spouse, without any claim being made by the other prospective spouse, as more specifically stated in Paragraphs 6, 7, and 11 herein. The parties have included a full and fair inventory of such Property attached hereto as Exhibits "All and IIBII and incorporated herein by reference. 3. VOLUNTARY ACTION: Neither prospective spouse shall be precluded by the terms of this Agreement from making any gifts of property, either real or personal, to the other prospective spouse after the marriage of the parties; however, no gifts, bequests, or devises have been promised or agreed upon by the parties hereto. 4. NO CHILDREN OR PRIOR MARRIAGE: Both parties acknowledge that they have no children and no prior marriages. Both parties hereby indemnify each other from any claims by any potential children, not the result of this marriage, against the other, such potential children being not intended to benefit by this marriage. 5. DISCLOSURE: Each of the parties have made a full disclosure to the other party of all property owned or otherwise held by the respective party, which disclosures are attached hereto as Exhibits "A" and "B." 6. ESTATE RIGHTS OF PROSPECTIVE HUSBAND AND PROSPECTIVE WIFE Jn consideration that Prospective Wife and Prospective Husband shall marry, the parties agree that each shall be permitted to inherit from the other pursuant to the laws and Statues of the Commonwealth of Pennsylvania, or by any other state in which they might be domiciled at the time of her death. This shall include any separately owned property of either spouse unless same is designated otherwise by Last Will and Testament and in such event, the surviving spouse shall not file a contest as to such designation. 7. JOINT PROPERTY: Any provision herein to the contrary notwithstanding, any property hereafter held by the parties as j oint tenants with the right of survivorship, or tenants by the entireties, shall vest in the Surviving spouse upon the death of the other, free and clear of any claims by the heirs or estate of the deceased. Such property shall be evidenced only in writing and may not be claimed as an oral agreement. 8. WILLS: Notwithstanding Paragraph 6 above, both prospective spouses shall, within a reasonable period after the execution of this Agreement, execute their respective Wills, which shall contain a provision that in that event they should die in a joint accident or disaster, or within thirty (30) days of each other, all jointly held property shall be distributed in accordance with the Pennsylvania Probate, Estates and Fiduciaries Code, Section 8503, so that one-halfof all joint property shall pass through the estate of each spouse. Neither spouse shall, during the life ofthis Agreement, modify or revoke their Wills so as to affect this provision of this Agreement, except by mutual consent in writing. 9. DEBT INDEMNIFICATION: Each party hereby indemnifies the other, and her or his respective estate, from all debts, past, present or future, incurred by her or him; it being the intention of the parties that each party shall now and hereafter be responsible for his or her own debts excepting only those which the parties voluntarily jointly incur. 10. LIFE INSURANCE PROTECTION FOR PARTIES: The parties have elected that they may apply for and obtain such insurance at any future time, but shall be under no obligation to do so. 11. DIVORCE: In the event either ofthe parties at any time after the date of the marriage find that he or she is unable or unwilling to continue the marriage arrangement for purposes of irretrievable breakdown of the marriage, filed on an amicable basis, then the parties agree that all jointly held property or entireties property shall be distributed equally between the parties without regard to any applicable divorce statute and each party shall retain their individual property titled or held individually without regard to any applicable divorce statute. The only exception shall be that Prospective Wife shall retain her j ewelry whenever acquired and her family china. In the event either of the parties at any time after the date of the marriage find that he or she is unable or unwilling to continue the marriage arrangement for purposes of infidelity proven by the other spouse, such infidelity defined as a relationship of a sexual nature with a party outside the marriage, then the parties agree that all jointly held property or entireties property shall become the sole property of the innocent and injured spouse without regard to any applicable divorce statute and each party shall retain their individual property titled or held individually without regard to any applicable divorce statute. The only exception shall be that Prospective Wife shall retain her j ewelry whenever acquired and her family china. 12. SPOUSAL SUPPORT: Neither party shall be required to pay any claim for spousal support, alimony, alimony penedente lite, or other support incidental to the marriage relationship in this or in any other jurisdiction, under any statute, divorce or otherwise then in existence, unless such parties shall agree otherwise in writing. 13. WAIVER AND RELEASE OF STATUTORY RIGHTS: The remedies contained in the Pennsylvania Divorce Code, as amended from time to time, including but not limited to equitable distribution, or any successor legal concept of property division, and alimony, alimony pendente lite, counsel fees and expenses, as passed in the Commonwealth of Pennsylvania, or any other jurisdiction, now or in the future, as well as any community property laws presently in existence or to be passed in any jurisdiction at sometime in the future, shall be totally inapplicable and unavailable to the parties, and the rights created by such laws, set forth in this paragraph, are hereby waived and released by both parties, regardless of circumstances. To these ends, each party hereby agrees to indemnify, defend and hold the other harmless from application of such laws and remedies in the event for whatever reason said other party is compelled to pay money, transfer or assign real or personal property, or other individually held or pre-marital assets as a result of the application of equitable distribution, alimony, support, alimony pendente lite, counsel fees or costs or under the community property laws of any jurisdiction. This indemnification shall include the right to reimbursement for actual attorney's fees incurred to defend against such a claim. 14. FURTHER DOCUMENTS AND VALIDITY: Prospective Wife and Prospective Husband shall execute and deliver any other instruments or documents necessary or convenient to give effect to the provisions of this Agreement now or in the future. If any term, condition, clause of provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. In the event of such invalidity, as stated above, Prospective Wife and Prospective Husband shall take whatever action is deemed necessary to validate and bring the terms of this Agreement within the law, keeping in mind as paramount the intent of the parties as expressed and implied throughout this Prenuptial Agreement. 15. EFFECTIVE ON MARRIAGE: This Agreement shall become effective upon the solemnization of the marriage between Prospective Wife and Prospective Husband, and shall be null and void if the proposed marriage fails to occur for any reason except annulment. 16. MODIFICATION: This Agreement may be modified, amended or rescinded at any time after the solemnization of the marriage by subsequent voluntary written agreement between Prospective Wife and Prospective Husband except neither may do so by power of attorney even if such may be authorized therein. 17. ENTIRE UNDERSTANDING: The provisions contained in this Agreement represent the entire understanding between Prospective Wife and Prospective Husband pertaining to their respective property and marital property rights, and all prior discussions and agreements shall merge herein. 18. REPRESENTATION: Prospective Wife and Prospective Husband stipulate that they and each of them have had the opportunity to be represented by legal counsel of their choice in the preparation of this Agreement; that they have read this Agreement; that they fully understand the terms, provisions and legal consequences ofthis Agreement; and that they have each executed this Agreement freely, knowingly, voluntarily and in the absence of coercion and duress. 19. EXPRESS INTENT: It is the intent of the parties hereto with respect to assets titled in the name or held solely by one of the parties, whether acquired prior to or after marriage, that disposition under any and all circumstances shall be governed solely by the voluntary desires of the titled party or party in possession, with current or future marital or estate laws in any jurisdiction having no effect of any kind on such disposition. 20. PRIOR UNDERSTANDING: The parties acknowledge that no prior understanding contrary to the intent and terms of this Agreement exists. 21. INTERPRETATION: This Agreement shall be enforced and interpreted according to the laws of the Commonwealth of Pennsylvania, and shall be binding on their heirs, executors, administrators and assigns. However, the terms of this Agreement shall take precedence over any contrary statutory or common law interpretation. 22. DESCRIPTIVE PARAGRAPH HEADINGS: The descriptive paragraphheadings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: XX4 ?- ??? v? L.A Lucinda K. Zamir ?? Q I am?M_ Ty A. Berrios DISCLOSURE OF RIGHTS WAIVED It is understood that we have and are waiving by our Prenuptial Agreement the following rights to the event of a death or divorce between us: a. Distribution of Property: The Court may fairly distribute all of the property acquired by us during the marriage (marital property) m addition to any interest we may have acquired in any non-marital property; i.e., although personal gifts, inheritances and premarital property remains non-marital property belonging to one of us, the increase in value of non-marital property is subject to division by the Court. This property may be distributed without regard to marital misconduct, in any proportion the Court deems fair and just under the circumstances existing during our marriage and as they would exist after our divorce. b. Alimony: After divorce, the Court may require one of us to pay support (referred to as "alimony" after divorce) to the other in such amount and for such duration as the Court would deem appropriate, based on our circumstances at the time, including marital misconduct. c. Spousal Support: The Court may require one of us to pay spousal support to the other, upon our separation, before a divorce. d. Alimony Pendente liter The Court may require one ofus to pay alimony pendente lite, i. e., support pending the divorce, to the other during the course of any divorce proceedings. This sum enables a spouse to sustain the overall financial burden involved in a divorce, and maybe awarded during marriage, in addition to any other relief, including support. e. Counsel Fees and Expenses: The Courtmay require one of us to pay all, or a portion. of the other's counsel fees and expenses incurred as a result of any divorce action brought by either of us. WE BOTH HAVE READ AND FULLY UNDERSTAND THE LANGUAGE SET FORTH ABOVE AND THE RIGHTS WE HAVE WAIVED. WE FURTHER UNDERSTAND THAT WE ARE ENTITLED TO HAVE SUCH RIGHTS FULLY EXPLAINED TO US BY AN ATTORNEY OF OUR CHOICE. KNOWING THIS, WE HAVE WITHOUT ANY COERCION OR DURESS, CHOSEN TO EXECUTE THE PRENUPTIAL AGREEMENT. Lucinda K. Zamir WITNESS Ty A. Berrios COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS: On this, the I day of J #UE , 2006, before me, the undersigned officer, personally appeared Lucinda K. Zamir, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL JOHN R. BEINHAUR, Notary Public Lower Paxton Twp., Dauphin County M Commission Expires March 13, 2007 _.::...Y?.__ --- _..4... No ary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1 . SS: On this, the day of 2006, before me, the undersigned officer, personally appeared Ty A. Berrios, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL JOHN R. BEINHAUR, Notary Public tary Public Lower Paxton Twp., Dauphin County [My Commission Expires March 13, 2007 EXHIBIT "A" PROSPECTIVE WIFE'S DISCLOSURE d J fUn 3 C i e rD ke2 i. G\? ?. Jeep ? cc) b , 0O f boo , 0:40 oO Ast z -TV -? EXHIBIT "B" PROSPECTIVE HUSBAND'S DISCLOSURE o` uo f'??i OF THE PF li!'I In ll"I TPI?Y 2009 JUL 20 P N 0 2:3 ?V3Y ? j^ ? ?: M1 ??. w v? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LUCINDA K. BERRIOS VS. TY A. BERRIOS : No. 09-4413 CIVIL TERM DEFENDANT'S COUNTERAFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. I oppose the entry of a divorce decree because: (i) the parties to this action have not lived separate and apart for a period of two (2) years. (ii) the marriage is not irretrievably broken. 2. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counteraffidavit 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: 1-7TY A. BERRIOS, Pro Se 52 WINDSOR WAY CAMP HILL, PA 17011 717-574-1948 tvaberrios(u;cumcast_net OF THE PROTHONOTARY 20$9 JUL 2U Ph 12: 1 1 Cjjj1Fl 4! 14'-.i ?1Vf'?l PD4 Yt.VANIA M Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 facsimile Attorney for Plaintiff, Lucinda K. Berrios LUCINDA K. BERRIOS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-4413 CIVIL TERM TY A. BERRIOS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law., states the following: 1. I am the attorney for Lucinda K. Berrios, the Plaintiff in the above-captioned divorce action. 2. On or about July 17, 2009, I forwarded a certified copy of the Rule to Show Cause issued on July 14, 2009, as well as, an Order of Court issued on July 15, 2009, scheduling a exclusive possession hearing before the Honorable Edgar Bayley, P.J., for August 6, 2009, by certified mail, restricted delivery, return receipt requested. The said Order of Court was addressed to Defendant, Ty A. Berrios, at 52 Windsor Way, Camp Hill, PA 17011. A true and correct copy of the Domestic Return Receipt (PS Form 3811), signed by Mr. Berrios is attached hereto as Exhibit "A," as well as, the Track and Confirm document from the United States Post Office depicting the time and date the said Order of Court was served upon Mr. Berrios. As evidenced by Mr. Berrios' signature, Defendant, Ty A. Berrios, was served with a certified copy of the Order of Court on July 18, 2009. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. By: ()m c Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted 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 hack of the maiipiece, or on the front if space permits. 1. Artkde Addressed to: Ft. &AAWS 5 z w ir?dlso? Wort a ? Agent x stp?- ? Addressee q?,00 by_Wdnted Name) G. Date of Delivery D. address different from Rem 1 ? ? Yes M Yfft, enter delivery address below: ? No 87 -?:? Camp?? , PEA &TYPB X ir d Mail O r Mau ? Registered ? Return Reoelpt for Merchandise ? insured Mau ? C.O.D. 4. Fiastrk bd Cilivi ! Mtn FMl JOYM 2. Article Number 7008 0150 0002 2957 9412 (riWMW from aervtce MW PS Form 3811, Febnrary 20134 Domestic RoW n Receipt 102595.02-WI510 USPS - Track & Confirm Page 1 of 1 UNITED STATES POSTAL 5ETtMEo Home I He Track & Confirm Track Confirm Search Results Label/Receipt Number: 7008 0150 0002 2957 9412 - -- - Service(s): Certified Mail'm i' A ` ar r?, Status: Delivered Enter Label/Receipt Number. Your item was delivered at 3:57 PM on July 18, 2009 in CAMP HILL, PA 17011. Not ificalion Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go > Site, Map Customer .:,et'Vl:;e G;f.,S C: V.`:. Services Cafeers Copyright@ 2009 USPS. All Rights Reserved. No EAR Ac: ':I. ra 1?; a Privacy ?91 cy Terns of lise Business Custormy Ga'. http://trkcnfrm 1. smi.usps.com/PTSInternetWeb/InterLabellnquiry.do 7/21/2009 •'?C ?,r ? -? ..41'V 2009 JUL 22 PM 2: 5, 2 z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS NO. 09-4413 V. TY A. BERRIOS ANSWER TO PLANTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE Defendant, TY A. BERRIOS, PRO SE, answers the as follows: 1. Denied. The plaintiff moved to Maryland due to mental health problems. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The defendant paid half of the closing costs for the purchase of the marital residence. The defendant has also paid half of the mortgage and utility bills of the marital residence. 7. Denied as a conclusion of law to which no response in required. 8. Admitted. 9. Denied. The plaintiff did not list the marital residence on her exhibit of assets to be precluded in the prenuptial agreement. 10. Denied. The defendant has never failed to pay joint martial debts where the plaintiff gave the defendant funds. The defendant never attempted to physically force himself upon the plaintiff. 11. Denied. The defendant never threatened the petitioner. The defendant personally drove the plaintiff to Maryland to be with her sister due to mental health problems. 12. Denied. The defendant is currently self-employed and the plaintiff has no knowledge of the defendant's financial situation. 13. Denied. The defendant was never asked to leave the marital residence. The defendant mother has never agreed to let the defendant move in with her, and the defendants mother has cats at the her house which the defendant is allergic to which would make it impossible to live with his mother. r 14. Denied. The defendant currently has the marital residence in a clean manner. 15. Denied. The defendant would like to assume the mortgage on the marital residence. The defendant also states that the martial residence is not able to be sold without the consent of the defendant. 16. Denied. 17. Denied. The marital home was specifically left out of the prenuptial agreement due to the agreement between the plaintiff and defendant that the home was owned by both parties. 18. Denied as a conclusion of law to which no response in required. 19. Denied as a conclusion of law to which no response in required. 20. Denied as a conclusion of law to which no response in required. WHEREFORE, Defendant respectfully requests that PLANTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE be dismissed. Respectfully submitted, TY A. BERRIOS 52 WINDSOR WAY CAMP HILL, PA 17011 717-574-1948 FLt:C4;rIRCE OF THE- PIPO'r?'-,'"OTARY 2639 JUL 30 f'' 2: 02 N?; wt ^.•. Yii l?f,. j? LUCINDA R. BERRIOS V. TY A. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2009, the within motion to dismiss the divorce complaint, IS DENIED. By the Court; Edgar B. Bayley\J. ZC- ara A. Boyanowski, Esquire For Lucinda R. Berrios ?Ty A. Berrios, Pro se 52 Windsor Way Camp Hill, PA 17011 sal co 119-6' 8/x/07 MatL?rL TAPY 200 I R` U i t +-0. LUCINDA R. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TY A. BERRIOS : 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this-9day of August, 2009, on the petition of defendant to set aside an "antenuptial agreement," actually a "prenuptial agreement," a hearing shall be conducted in Courtroom No. 2, at 1:30 p.m., Monday, October 12, 2009, at the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Cara A. Boyanowski, Esquire For Lucinda R. Berrios ?A. Berrios, Pro se 52 Windsor Way Camp Hill, PA 17011 sal (?4 a t Es rn3. LlCgL I 49114 1 oq ?:=Jey) Edgar B.'Baffley, J. Ftl_f.: €= , fr Ry i?':s LUCINDA R. BERRIOS V. TY A. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this L( L- day of August, 2009, a Rule is entered against plaintiff show cause why an order to compel mandatory counseling should not be granted. Rule returnable fifteen (15) days from the date of se04 Cara A. Boyanowski, Esquire For cinda R. Berrios Ty A. Berrios, Pro se 52 Windsor Way Camp Hill, PA 17011 :sal a??(of BTthe r/ Edgar . B ley, J. An, I ?- THE 2?7(??13 n ? Ufa t t.1 } j Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cboyanowski @ ssbc-law.com Attorney for Respondent/Plaintiff, Lucinda K. Berrios LUCINDA K. BERRIOS, Plaintiff VS. TY A. BERRIOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4413 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE ANSWER TO DEFENDAN'T MOTION TO COMPEL MANDATORY COUNSELING AND NOW, comes Plaintiff, Lucinda K. Berrios, by and through her counsel of record, Cara A. Boyanowski, Esquire, of the law firm of Serratelli, Schiffman Brown & Calhoon, P.C., and answers as follows: 1. Paragraph One of Plaintiff's Motion to Compel Mandatory Counseling is not an averment, but a prayer for relief, to which no answer is deemed necessary. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, Respondent/Plaintiff filed' a divorce complaint with this Honorable Court on July 2, 2009, raising both 3301(c) and'3301(d) grounds for a divorce. 6. Admitted. 7. Admitted. 8. Respondent/Plaintiff is without proper knowledge, information or belief to understand what Petitioner/Defendant desires; however, Respondent/Plaintiff will agree to participate in counseling sessions, as required under §3302(b), with the parties'' existing marriage counselor, Rick Hirsch, of Pennsylvania Guidance Associates. 9. Denied. Respondent/Plaintiff does not wish to share in the cost of the counseling sessions required under §3302(b), but instead, wishes for Petitioner/Defendant to pay the entire cost of the same. WHEREFORE, Respondent/Plaintiff respectfully requests this Honorable Court enter an Order of Court directing: A. Both parties to comply with the requirements set forth under §3302(b), and with respect to the same, Petitioner/Defendant contact the parties' existing marriage counselor, Rich Hirsch, of Pennsylvania Guidance Associates, to schedule three counseling sessions for the parties. Said dates and times for these counseling sessions shall be provided to counsel for Respondent/Plaintiff within ten (10) days of this Order of Court; and B. Petitioner/Defendant to satisfy all unreimbursed expenses associated with the said three counseling sessions. Respectfully submitted, Fwd Cara A. Boyanowski, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, ':P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Respondent Date: 7 ----0q VERIFICATION I verify that the statements made in the foregoing Answer 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. Date: 5 Ins, 7l Lucinda K. Berrios CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, counsel for the Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Answer upon the person(s)' indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania' and addressed as follows: Ty A. Berrios, Pro Se 52 Windsor Way Camp Hill, Pennsylvania 17011. Date: g-1- R- M- 9 ??? 4c" Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 - { " t? fir !-3THE Lvil A o rSS . f 4 w rS r, 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS : No. 09-4413 V. TY A. BERRIOS : IN DIVORCE PETITION FOR INTERIM USE OF PERSONAL PROPERTY Defendant, prose,files the within Petition for Interim Use of Personal Property, and in support thereof, avers as follows: 1. Petitioner is TY A. BERRIOS , the Defendant and the Respondent is LUCINDD K. BERRIOS the Plaintiff in the above-captioned divorce action. 2. On JUNE 9, 2009, the parties separated. PLAINTIFF left the marital home located at 52 WINDSOR WAY, CAMP HILL, PA 17011 and relocated to MARYLAND. 3. PLAINTIFF now reside permanently at the 13111 MILLHAVEN PLACE, GERMANTOWN, MD 20874. 4. DEFENDANT occupies the marital residence by himself. 5. PLAINTIFF will not permit DEFENDANT to use the marital automobile(2006 BWM Z4). The plaintiff and defendant own 3 personal automobile, which one is not operational, the other is only titled in the plaintiffs name, as the Defendant can not drive. The only other personal automobile is in possession of the plaintiff which is the BMW. The Defendant has attached a copy of the sales agreement to support the claim of ownership as he is list as co-borrower, and the automobile insurance is in the defenants name. 6. Attached hereto and made a part hereof as Exhibit "A" is a listing of item of marital property which respectfully requests be used by him pending final determination of his economic' claims. WHEREFORE, Petitioner, TY A. BERRIOS , respectfully requests that this Honorable Court grant the within Petition for Interim Use of Personal Property. Respectfully submitted, TY A. BERRIOS EXHIBIT "A" 2006 BMW Z4 IV I 5000 Louise Drive, P.O. Box 40 Mechanics". PA 17055 MEMM r CLOSED-END NOTE, DISCLOSURE, I QAN Awn SFC'I fRITY ACRFFMFNT BORROWERS NAME AND ADDRESS LUCINDA K ZAMIR 2 WIN?QQ R WAY -AO?COATTW N011 7.49% CO•M-30ERS NAMF TVA R 5 PRINCIPAL AMOUNT CO NAME ANNUAL PERCENTAGE FINANCE CHARGE: AmourdFinanced: Thearriountof Told of Payowas:Thesmoutt RATE : The cost of your credit as a The dotter amount the credit will aw k provided to you or on your you vM he" paw after you have yearly rate. ' cost you behaY, made all Payments as scheduled. 7.49 % S 7,MAS $ 38,000.00 $ 45,793.48 Variable Ran: I ol0k Union vA idda inargh of as The iron Vabe. 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THE tai wR klaege .Vl Y you own Yrf a onings Ib the R n you etRaNm ga - bYt cover the In such i oafe. the aaecl of The klaiaEe will W M eXIMa the itm yaY PayNINa RNO k 10% nanpMl Y N iC en a SS.000.00 ban (Or aD menay Nis you Ceafo 1tN aaanWt piymonl yalN rata aAaasgM b 10.201L rMtll 1 ddi i l ya , n a t ona Variable Race Pra*rscl I.oiFr. a yOyn ban b a varaba tae ban and yoa %p slo ed rat, yai pidea disco nt b taken st u Nils you Out y0a ban This kiUY preaNT ANNUAL PERCENTAGE RATE w11 then vs-7 KcadklY b a as eas el In dsdoyd ahDaN For surnaa. a o varaba rasa E ICwWI AN VIAL PERCENTAGE RATE Y 12%rA M Ikoa ou tab Yle Isin nM?? our aYaF ANN A y . y U L PERCENTAGE RATE MN be MAIL Your Inkisl prehrred PERCENTAGE RATE *111 am vary weft bar sae, as s wleW In Me Vafabfa Raa povitbn above. Fixed Raft ProksM Loans. Y yaw ban Is a Ran me boa eta you %Ofhr for a Palo tale your ANNUAL PERCENTAGE RATE wit b th ANN t P . e en ep e pa UAL PERCENTAGE RATE dadosedabove foras long as vow V@WM Ross renabsInefba. NumberdPsynwas Amountof Payments PaymamFrequency When Payments Are Due nBUrance: You ma oopaaaRtyy ?? yd gr YOV P" @ IF w 8 atcepteDla to PA?? 59 $763.23 Monthly - Beginning 0811312007 cr . bn. Ilyou the Urance from the wR pa on YOU we to. 1 $782.88 Final Due - On 07113/2012 S NIA other s the crodk Union the gooft or Pr7wY Other vAN also secure dab ban. You am "q a securXy Interest In a WHO purchs. ? (pubs): your sham! andbr deposit In the Credit anal and: AUTO 1VAby ChEgaa paoay?naSnl%d Your . be D Ys Or momyou wR Requkad Depost 8elsrce: The MEW Parpaage Rsr does FIIFOes: NorfFilMg Inwmrca: cnargee t roft"d paymew na take kao exount our r W l d d N . y m eg ar¢a. post po arty. S N/ S N/A Pr? .a.n+lr .yw P+Y+ IIr eel. ardp.epay.Nr[ alt pdakbs, a ITENZATION 0? Amount Paw to AMOUNT GIVEN TO YOU DIRECTLY S 38.000.00 =onto Too w"Was u $ To sann"M Us TO AMOUNT PAID ON YOUR ACCOUNTS $ To f TO $ To $aa TO Few PREPAID FINANCE CHARGE $ $aR ToAe.dSOMOWN $0.00 To Aea 546Oan BMW Z Series 2006 4USBU33566LW58358 USED OTHER (Describe): S I I$ u racerwr a axgy a ale loom lob sarsaxy Sgraarwxs eta disclosure Sta»ilait. Co n+r -: Y are - -- ---• _ ___,.. , .?,..,.,,,......? cawsirrd oa Z 7°u +i9^i^g as • yoa ackrbwwadga rarxiW d the • e m co•srFW DATE ER OTHER OWNER -'CO-SIGNER DATE SIGNATURE C (SEAL) to A- I '.. (SEAL),-1,07 ? CO-MAKER Q 'OTHER OWNER ? **CO-SIGNER DATE ER OTHER OWNER ? "CO.SIGNE DATE ix (SEAU (SEAL) X CO-MAKER (3 'OTHER OWNER "CO-SIGNER DATE CCO•MAKER ? 'OTHER OWNER O ^CO SIGN (SEAL) DATE (SEAL) •0T11ENOwNm:Try Mire wA..M a..awv. a.INwrelM a.NorarFSwlM1M Fewe..FU.bs1 FN..Mf' os.+wxm lrs.soox.Tww.M b.rmeNFMprW HYr few.yAprrx. YAaOrN: UASA.Fr1AtMas?ES. oaN.r..v.r. wASSS..M.mnrs.. sr,or.N,ywNroPy.adFCC n.Awe,NVrnnw rnry sat imMaeuape.a Prn.tlwaurniN, al+^I.NNSUn Owen talon. rM au V rv w?i.w N Mb N.M4? M a f A aO,M rMwN G? MuNO M M.. GATE SECONDARY BENEFICIARY ( SECONDARY BENEFIC (CO• ICArrT) 720 a3le.. A C-97d200J7 LASER-WORD F. 437e R.Y. IMI 0- 1 nF 7 COPYRIGHT 1 997 MI meson MNUM Comoli s. a Ant No" ft-W. Eva MjohlyaM Iallatedlr Yr ban.ind Yle lord' t•?"?,?••••?'T ••,,•., 1wn v.orrl. rr¦ w.evaamaseana0. was axN.Nara a.el.a)?Dla br+awex.. ?T CQtICANT Th. roaa.w.e al+abns, t s, r1Mat 0..nswe.d m Cry bur).IIgIWiy Car IrNVw.i\: I. (AM60"n.r.I.-SeCe awraasd*yeVMysa rvnarap.»anaNaawerRalArywayayTrwwaraywr.r'i ale N _. NMNMasd.Aeaarnwaay s?? aMMM y «srpr R oN1t s?OMrawTaiMel ea wer gtaN.a.b.. -iCi70ikyiea R?aaaMiallwn alMre ? ? ? ? M didpe?lama?.a9ecnleeY.. F la.wp e..a.rr;;adtt?Isaas?..3Sgqa?r0aee?.0e0??0b ?tq nNNyt MerwNNtllNadN bdRSmWw aN?y?r y. druOaderLy Eyl... «AIDS RAYbw?aaekv0ot01WY+n+4 adYfe0. rdy. ? ? ? ? M. (oud ..Nw.rs 10 0" aawa 91060wwreN WAdyr4k1sMwaar wtlawM.Nlr?ss.a kMIIew?Yb'1:=1 t«1. was uNrYrN NNNSPrraanb?ol slpiMa lv+wrr?rq wi col be vwnd.9 ywapplo wa laneYe to ¢eYM y.wau d" O MN wan+s Ibiie._ QppanalNaudlytlA0. Th.NSm deftst yla.)kwmwrl»dradaadds wy wo wshwdmawwo Inr+aw «anr (In «slx.wN a nwN wvaswyahy MNalax a.,,MnN * New d. ""0`S" .Ma he.InrMm.eI.. w ? raa?mM.Xr lh..ra .1a N 1,W_ dabs h «M "':?"` vetchbe OkrN and suttaerfW.prw.m ne AM not not +I9 e9rN ar10 8Od And d,eed N14 N Do Ilt.tlerl aM =the ppNtit IGba spaeea na YMIr1Ma?d. Thls ?kNk1n will m be used M Cooler N MI ole,w. sP.C.s hav. nOt basn COrFpM.d, IM ??..yy + K .ppKac tai not Den CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE ? Yes Q No Slagle Credit Life Total Premium ? Yes Q No Credit Disabilty Total Premium ? Yes ? No Joint Credit Life Irakste which appteant(s): ? Appaoant ? Co-Applkant S0.00 Wdeme ~ appteant(s): ? Applkwt ? C.-AppNeam',j $ 0.00 You N.i.Nl.d r.rdN dceN IN CMYe.a bfMNdadon Eb appanmr. APPLI SIGNATURE 1 DATE OF BIRTH DATE DAT 'I'm DATE GEICO GEICO GENERAL INSURANCE COMPANY Washington DC VERIFICATION OF COVERAGE (SEE BELOW UNDER CAUTIONARY NOTE) INSURED Policy Number: 4158159048 Effective Date: 03-11-09 TY AARON AND LUCINDA K Expiration Date: Q9-11-09 BERRIOS Registered State.' PENNSYLVANIA 52 WINDSOR WAY CAMP HILL, PA 7011-1751 To whom it may concern: This letter is to verify that we have issued the policyholder coverage under the above policy number for the dates indicated in the effel tive and expiration dato fields for the vehicle listed. This should serve as proof that the below mentioned vehicle meets or exceeds th financial responsibility requirement for your state. This verification of coverage does not amend, extend or alter the coverage afforded by this policy. Vehicle Year: 2006 Make: BMW Model: Z4 VIN:4USBU33566LW68358 COVERAGES BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY FIRST PARTY BENEFITS UNINSURED MOTORISTS/WITH STACKING UNDERINSURED MOTORIST/WITH STACKING COMPREHENSIVE COLLISION Lienholder Additional Insured MFMRFRS 1ST FCII P.O. _Box 24046 FT WORTH. TX 76124-1046 Additional Information: Interested Party If you have any additional questions, please call 1-800-841-3000. CAUTIONARY NOTE: THE CURRENT COVERAGES, L burs, AND DEDUCTIBLES MAYDnuzit FROM THE COVERAGES, S, AND DEDUCTIBLES IN EFFECT AT OTHE TIMES DURING THE POLICY PERIOD. THIS VERIFICATION OF COVERAGE REFLECTS THE COVERAGES, LIIMITS AND DEDUCTIBLES AS OF THE ISSUED DATE OF THIS DOCUMENT WHICH IS SHOWN UNDER "ADDITIONAL INFORMATION" OR IFAN ISSUED DATE IS NOT SHOWN, THE DATE 010THIS FACSMULE. U-3310-07 LIMITS DEDUCTIBLES $15,000/$30,000 $5,000 OPTION A $15,000/$30,000 $15,000/$30,000 $500 DED $500 DED i A s + 'n* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS NO. 09-4413 V. TY A. BERRIOS COMPLAINT FOR PARTITION DEFENDANT, TY A. BERRIOS, PRO SE, files this Complaint for Partition and in support thereof avers as follows: 1. Plaintiff is LUCINDA K. BERRIOS who resides at 13111 MILLHAVEN PLACE, UNIT N, GERMANTOWN, MD 20874. 2. Defendant is TY A. BERRIOS who resides at 52 WINDSOR WAY CAMP HILL, PA 17011. 3. The parties are husband and wife, having been married on JUNE 10, 2006. 4. There is a divorce action pending between the parties. 5. The parties hold title to the marital automobile as tenants by the entireties. 6. DEFENDANT has been wrongfully excluded from the marital automobile, and bank accounts. 7. In the last two months, plaintiff misappropriated jointly titled bank accounts. 8. DEFENDANT is entitled to a partition and equal division of the above-described jointly titled property. WHEREFORE, DEFENANT respectfully requests that the above-described jointly titled property be partitioned and the proceeds equally divided between the parties. Respectfully submitted, ?OD TY A. BERRIOS, PRO SE 52 WINDSOR WAY CAMP HILL, PA 17011 FILE" ., OF THE 2009 AG I I P 3 34 CJ,'Ji !'ts?>'i1 t 7N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS No. 09-4413 V. IN DIVORCE TY A. BERRIOS PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS Petitioner, Husband, files this Petition for Injunctive Relief, and in support thereof, avers as follows: 1. Petitioner is the DEFENDANT in the above-captioned divorce action. 2. Respondent is the PLAINTIFF in the above-captioned divorce action. 3. WIFE filed a Complaint in Divorce on JULY 2,2009. 4. Husband has learned that Wife has closed and withdrawn all funds from bank account which are marital property. 5. Based upon Wife's statements, Husband believes that Wife will either remove these funds from the Commonwealth of Pennsylvania, spend the funds, or secret them in order to defeat his claim to an equitable distribution of this marital property. 6. Husband further believes that Wife will dissipate, alienate or encumber other marital property of the parties. 7. Section 3323 (f) of the Divorce Code provides in relevant part: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party.... 8. Section 3505(a) of the Divorce Code provides: Where it appears to the court that a party is about to leave the jurisdiction of the court or is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may issue to prevent the removal or disposition and the property may be attached as prescribed by general rules. 9. Pennsylvania Rule of Civil Procedure 1920.43(a) provides: At any time after the filing of the complaint, on petition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. WHEREFORE, Petitioner, Husband, respectfully requests that this Honorable Court grant the within Petition for Injunctive Relief and enjoin and restrain Wife from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties. Respectfully submitted, N C% S o (Zoc?? Ty A. Berrios OF THE F ' ,"%17ARY 200 b 1 I F' 37 vi? YS. ?rws Ott C NV `f Term, No. 67- y4//3 Petition to Intervene, Stay and Set Aside Writ of Execution as to Non-Judgment Debtor Property Phis Petition respectfully represents: 1. I, IM ??Tx7a S7 , the Petitioner, am a party in interest and hereby move to intervene in this garnishment proceeding pursuant to Pa. R. Civ. P. nos. 3121 and 2326 of seq. .L . The plaintiff has attached personal property belonging to me currently in the possession of the garnishee. ;. This attached property consists of, 'Aw money held in a bank account held in common jointly with the defendant, her (specify) CIA { %M4+' f6uxfs 4. The Writ of Execution must be stayd and set aside as to my property because the plaintiff does not have the legat right to attach and/or garnish property other than that belonging to the judgment debtor in this matter. Oak f tS C?V S1_6 4uq L_QtIt S ki (1, (6 9 V VI k 1 0-0 5. 1 verify that the foregoing statements of fact are true and correct to the best of my knowl- edge. information and belief. 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. Hate: COURT OF COMMON PLEAS Petitioner 5X ua,,0, :)r L-J,% CINN t ; t 1 eA I7C) 0 10. "The law in Pennsylvania is clear that a judgment creditor may execute on entireties property to enforce his judgment if both spouses are joint debtors." (See Exhibit F - Klebach v. Mellon Bank, N.A., 388 Pa.Super. 203, 565 A.2d. 448 (1989), citing Arch Street Bldg. & Loan Assn. v. Sook, 104 Pa.Super. 269, 158 A. 595 (1932); In re Riley, 48 D.R. 194, (Bankr.E.D.Pa. 1985). 11. In Klebach, argued before Judge Strassburger, Wife filed an action to quiet title on her property to remove a judgment lien filed by Mellon against her former husband, after they were divorce and entered into a marital separation agreement. Judge Strassburger entered an Order declaring that Husband's creditor has no right to a lien on marital property acquired by Wife in the divorce. (See Exhibit F) 12. "If only one spouse is a debtor, entireties property is immune from process, petition, levy, execution or sale. (See Exhibit F above - Klebach, Id., citing Amadon v. Amadon, 359 Pa. 434, 59 A.2d 135 (1948); In re Williamson, 11 B.R. 791, 795 (Bankr.W.D.Pa. 198 1). 13. In conjunction with the above, the marital residence at issue here stands in custodia legis, or "under the wardship of the court pending the outcome of the equitable distribution proceedings, and, thus, not subject to judicial liens." (See Exhibit G - Keystone Savings Association v. Kitsock, 429 Pa.Super. 561, 633 A.2d 165 (1993), citing Kleback v. Mellon, supra.) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 094306 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNITED REFRIGERATION, INC., Plaintiff (s) From TY A BERRIOS pers guar and trading as THERMO DYNAMICS, 52 Windsor Way, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property , including but not limited to furniture, jewelry, electronics, supplies, etc. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WACHOVIA BANK, 604 E. High Street, Carlisle, PA 17013 Any and all accounts under defendant(s) name(s). and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,547.72 Interest from 7/08/09 at $0.42 per diem - $5.46 Atty's Comm 5 % $127.39 Atty Paid $54.25 Plaintiff Paid Date: 7/14/09 L.L. $.50 Due Prothy $2.00 Other Costs to be determined Curti . Long, Pro (Seal) By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 l.f, TOW--Iwhemd, 4 here anwr:,Z`#r wy 4}r::° d yM Of Sriid C wrt at Carkafi, Po .,? X09 'SERVE o d LUCINDA K. BERRIOS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TY A. BERRIOS RULE TO SHOW CAUSE AND NOW, this day of , , 2009, upon consideration of the within COMPLAINT FOR PARTITION, a Rule is granted upon Respondent, LUCINDA K. BERRIOS , to show cause why the relief requested in said Petition should not be granted. RULE RETURNABLE, within days of , 2009, in Courtroom , CUMBERLAND COUNTY COURT HOUSE , Pennsylvania. ??, t G 10 ck, 0 0 A44& VA I I -1vt L, AUG 7 z 2009 No. 09-4413 : IN DIVORCE p .07 ovo iiAA h 4w,? FILED-OFFICE OF THE PROTHMORY 2*9 AUG 13 Ph 3; 00 PENWYtV" LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TY A. BERRIOS 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2009, following review of defendant's motion to compel mandatory counseling and plaintiff's answer, IT IS ORDERED THAT: (1) Both parties shall comply with the requirements in 23 Pa.C.S. Section 3302(b). Defendant shall contact the parties' existing marriage counselor, Rich Hirsch, of Pennsylvania Guidance Associates, to schedule three counseling sessions. Said dates and times for these counseling sessions shall then be provided to counsel for plaintiff. (2) Defendant shall pay all costs for the three counseling sessions, and pursuant to Section 3302(f), the counselor shall send a copy to this judge stating that the parties did or did not attend. Cara A. Boyanowski, Esquire For ucinda K. Berrios y A. Berrios, Pro se 52 Windsor Way Camp Hill, PA 17011 sal By the-Court, Edgar B. Bayley; J. of n AFVr 1U9 AUG 13 r#i 3.37 ?" LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TY A. BERRIOS 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this U day of August, 2009, a hearing on the petition for interim use of personal property and the petition to prevent dissipation of marital assets is scheduled to commence at 2:00 p.m., Wednesday, September 9, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pen rC•?ara A. Boyanowski, Esquire For Lucinda K. Berrios ,X)rA. Berrios, Pro se 52 Windsor Way ?l Camp Hill, PA 17011 sal By the tagar b. tiayley, J. OF TW VARY 21" AUG13 F" 3: 37 ufll?l LUCINDA K. BERRIOS V. TY A. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2009, the petition of Lucinda K. Berrios for exclusive possession of the marital residence, IS DENIED. By the Cgur t Edgar B. Baylef, J. rCara A. Boyanowski, Esquire For Lucinda K. Berrios r/ KyA. Berrios, Pro se 52 Windsor Way Camp Hill, PA 17011 :sal Y?'3 AUG IS PH 3= 37 Q Lw Z COUNTY Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cboyanowski @ ssbc-law.com Attorney for Respondent/Plaintiff, Lucinda K. Berrios LUCINDA K. BERRIOS, Plaintiff VS. TY A. BERRIOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4413 CIVIL TERM CIVIL ACTION -LAW : IN DIVORCE ANSWER TO DEFENDANT'S PETITION TO SET ASIDE ANTENUPTIAL (PRENUPTIAL) AGREEMENT AND NOW, comes Plaintiff, Lucinda K. Berrios, by and through her counsel of record, Cara A. Boyanowski, Esquire, of the law firm of Serratelli, Schiffman Brown & Caihoon, P.C., and answers as follows: Admitted. 2. Admitted 3. Admitted in part and denied in part. It is admitted that on June 9, 2006, prior to their marriage, the parties signed an agreement, which is attached to Defendant's Petition to Set Aside Antenuptial (Prenuptial) Agreement; however, the agreement was a prenuptial agreement, not an antenuptial agreement. 4. Denied. It is denied that the antenuptial (prenuptial) agreement entered into by the parties on June 9, 2006 is null and void, invalid and unenforceable and strict proof of the same is demanded at the time of trial. Denied. It is denied that the antenuptial (prenuptial) agreement entered into by the parties on June 9, 2006 does not contain full and complete financial disclosures by the parties. The averment set forth in Paragraph Five of the Petition to Set Aside Antenuptial (Prenuptial) Agreement is a conclusion of law to which no answer is deemed necessary. If an answer is deemed necessary, then said averment is denied and strict proof of the same is demanded at the time of trial. WHEREFORE, Respondent/Plaintiff respectfully requests this Honorable Court DENY Petitioner/Plaintiff s request to set aside the Antenuptial (Prenuptial) Agreement signed by the parties on June 9, 2006. Respectfully submitted, 0"0fi)Qq0A&LA)j' Cara A. Boyanowski, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Respondent Date: g.. ks-(q I 1 VERIFICATION I verify that the statements made in the foregoing Answer 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. Date: Q- y 4-L? R Q/)dAJ! ? Lucinda K. Berrios . . d CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, counsel for the Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Answer upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Ty A. Berrios, Pro Se 52 Windsor Way Camp Hill, Pennsylvania 17011. Date: g_ n%e .4 %P%AA-Jt" VaAki Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 LEV .-CE THE- PP Tut 1.Nl RY 2009 AUG3 19 PH 1: 2a Wla ?1;,A1 ! r t°_ : + i 7 2}srtN"A Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cboyanowski @ ssbc-law.com Attorney for Respondent/Plaintiff, Lucinda K. Berrios LUCINDA K. BERRIOS, Plaintiff VS. TY A. BERRIOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4413 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE ANSWER TO DEFENDANT'S PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS AND NOW, comes Respondent/Plaintiff, Lucinda K. Berrios, by and through her counsel of record, Cara A. Boyanowski, Esquire, of the law firm of Serratelli, Schiffman Brown & Calhoon, P.C., and answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Respondent/Plaintiff closed out her personal checking account at M & T Bank on June 19, 2009, but it is denied that she withdrew the funds from this account. Instead, she transferred the checking account funds, except for one dollar, into her personal savings account with M & T Bank. This action was taken when Respondent/Plaintiff learned that Petitioner/Defendant had removed two "blank" checks from Respondent/Plaintiff s checkbook, without her knowledge or consent. Admitted in part and denied in part. It is admitted that Wife spent most of the funds from her M & T Bank checking account, it is denied that she did so in order to defeat Petitioner/Defendant's claim to equitable distribution. Instead, Wife used these funds to satisfy a homeowner's insurance bill ($207.00), a marital residence PPL bill ($418.00), a marital residence UGI gas bill ($135.00), as well as, groceries for herself, car insurance, etc. 6. Denied. It is denied that Respondent/Plaintiff will dissipate, alienate or encumber other marital property of the parties and strict proof of the same is demanded at the time of trial. 7. The averments set forth in Paragraph Seven of Petitioner/Defendant's pleading are a recitation of the content of the provisions set forth in Section 3323(f) of the Divorce Code, and as such, require no answer. The averments set forth in Paragraph Eight of Petitioner/Defendant's pleading are a recitation of the content of the provisions set forth in Section 3505(a) of the Divorce Code, and as such, require no answer. 9. The averments set forth in Paragraph Nine of Petition/Defendant's pleading are a recitation of the content of the provisions set forth in Pennsylvania Rule of Civil Procedure 1920.43 (a), and as such, require no answer. WHEREFORE, Respondent/Plaintiff respectfully requests this Honorable Court deny Petitioner/Defendant's request for injunctive relief. Respectfully submitted, N I PA &OS6 Cara A. Boyanows i, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Respondent Date: 8-,R-l"q VERIFICATION I verify that the statements made in the foregoing Answer 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. Date: ?)1 n n!f 1 Lucinda K. Berrios CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, counsel for the Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Answer upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Ty A. Berrios, Pro Se 52 Windsor Way Camp Hill, Pennsylvania 17011. Date: 8-g5-nN 0MGfi0Q4U" Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 FILE ,-" F- i OF THE J" ","NTAPY 2003 AUG 25 AM ?': 18 CL)a l N.I.y LUCINDA K. BERRIOS, Plaintiff VS. TY A. BERRIOS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4413 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Ty A. Berrios, Defendant You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Dated: 8- r2l"004 Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 - telephone (717) 540-5481 - facsimile cboyanowski @ ssbc-law.com Attorney for Respondent/Plaintiff, Lucinda K. Berrios LUCINDA K. BERRIOS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. TY A. BERRIOS, Defendant : NO. 09-4413 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE ANSWER TO DEFENDANT'S PETITION FOR INTERIM USE OF PERSONAL PROPERTY WITH NEW MATTER AND NOW, comes Respondent/Plaintiff, Lucinda K. Berrios, by and through her counsel of record, Cara A. Boyanowski, Esquire, of the law firm of Serratelli, Schiffman Brown & Calhoon, P.C., and answers as follows: Admitted. 2. Admitted in part and denied in part. It is admitted that the parties separated on June 9, 2009 and that Respondent/Plaintiff left the marital residence on that date. It is denied that Respondent/Plaintiff has relocated to Maryland, in that, she is merely living with her sister until the parties' divorce action is final or Petitioner/Defendant removes himself from the marital residence. Denied. Respondent/Plaintiff has not changed her residency from Pennsylvania to Maryland, nor has she permanently changed her mailing address from that of the marital residence to Maryland. 4. Admitted. 5. Denied. The averments set forth in Paragraph Five of Petitioner/Defendant's pleading are denied and strict proof of the same is demanded at the time of trial. 6. The averment set forth in Paragraph Number Six of Petitioner/Defendant's pleading is a recitation of what document is attached to the pleading as Exhibit "A," and therefore, no answer is deemed necessary. WHEREFORE, Respondent/Plaintiff respectfully requests this Honorable Court deny Petitioner/Defendant's request for interim use of personal property. NEW MATTER 7. The parties are the owners of various automobiles, some of which are pre-marital property and some of which are marital property. 8. Respondent/Plaintiff is the owner of a Jeep vehicle, which was purchased prior to the marriage of the parties. This vehicle is currently housed at the marital residence. 9. Petitioner/Defendant is the owner of a Buick automobile, which was purchased prior to the marriage of the parties. This vehicle is in the sole possession of Petitioner/Defendant. 10. Subsequent to the parties' marriage, the parties purchased the following vehicles: a Ford F-250 pick-up truck, a 2002 Chevrolet G3500 van, and a 2006 BMW roadster automobile. The Ford F-250 pick-up truck is in the sole possession of Petitioner/Defendant and the BMW automobile is in the sole possession of Respondent/Plaintiff. The van, it is believed, has been repossessed for non-payment of its outstanding loan by Petitioner/Defendant. 11. Respondent/Plaintiff has had the BMW automobile in her possession since on or about the parties' date of separation, i.e., June 9, 2009. 12. Since on or about June 26, 2009, Respondent/Plaintiff has satisfied the Member's First loan against the BMW automobile. Copies of all payments made by Respondent/Plaintiff since June 26, 2009 are attached hereto as Exhibit "A." 13. Respondent/Plaintiff has a working vehicle in his possession. 14. Pending a comprehensive settlement of the parties' divorce action, there is no reason for this Honorable Court to issue an interim distribution of the BMW automobile to Petitioner/Defendant. Respectfully submitted, ioUa W -+ oaffiw Cara A. Boyanowski, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Respondent Date: VERIFICATION I verify that the statements made in the foregoing Answer 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. Date: in Q/1/l Lucinda K. Berrios ("? x w ?l a"Sa Mrl ?_ y D r- sa • i-f rl W iR W C3 u .-f Sa r-t D E: •i ? t•7r a of a z. m Ci H 0 •'i r t .W 1,. D YJ ( ! . rl 41 xf u3 C J Ca ;J a >n a L v z o a a z ?m ?i L) q fh m a OD ri r 1 a .-i H D 6 r zu'? W Q F r-m•7at mb o N in b to b V m T-1 .•i N 11 Q! to •! N v to N Lo N N fYf ? [f' ' O 2 o O 1 m rn m X x m ., x 4) Id ' N S: iJ N FYI , i1 4a di [7' Sr D OW ? r1 i4 Ey ! fYr W GL z w m M m fLf r i O ti U D st m v m r• b r• b 1 6 rs a OD N r 0 m H .•, ri to m r .i <l .-? C) .? b b co GD m tit ! f0 5 '?. O v r Cp r N 1 r ..7 1 , :tk 3 0 b b C7! C! N O D (L' J1 -1 ri C4 a F A CI ? z Kt j 0 rr ? CJ • 'rf /11 TI 3f s cz t li rn . Zt ? v ? .m ' .. .. _' t: KA .. a" >tzw?? aw a?izzn ?) x w D u V 7 O O1 43 C OD .H M Vt a 1.1 U x . e-3 j a ? t 7? W a O Rf E: i 4 W b AG +A .., : u m • 0 W St U iJ it 7 til C ;J r'i 1a j CT O .G: rl C.2 is ' ?-? C: JJ .•. {JI U) V9 b i O .? ? >a +f U , .a N o 4J u t 0 O 1 r C4 W •• C ? D i sa r, ' I A n. . J1 .n I r, ri Ss i 4.t Oa •C ra +a; ,} , a ? ? 4 CS 3 s: CJ M1r iT C! .c: 4: • ? a ri) a <? , A N W M Q us £ A K7 CL A : m >n A W O N C AC a J' d uS b N W N r 7 i UN Nmmaf?(A m ! N to b it tD t7C 4 r sn .W } cr CD . O C` r x. m r t .•i b ,-f J O 1 ? N E C I N ?K. r, .. I 0 N N .. V ? l N H JJ .,?,r ? 1 6 W t1 :r ,, rr? ??? ul na F ' E O ? C ? Sa P? 7 rx .) .. ti) X 'ro N •ti C J !p k; •y .. t: T/ Q1 a.f; h '.r W $! ?i D i D 'W 'r \ X .-1 X b o ? ri :Kf ?J .• rn ,-1 N a •• f2 `) x KZ d7 t '/ f ?7 +O r. :1 E_) (" '.i :4 a x O C. . Gq u rl D C 't r _W •-+ r3' t D G U St co p o K 3 > t)t O .C J sa ? 1 R +3 Y: 9e 61 •. ° ?+ 0 C7 w N 44 14 P 5 U'r L .0 q Ul x n C) m ra "e Ca E, : ` W W s0 ?0 t0 V q U 0 C ti CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, counsel for the Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Answer upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Ty A. Berrios, Pro Se 52 Windsor Way Camp Hill, Pennsylvania 17011. Date: 8-?t? Z-CX)q Na Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 F F -'U ICE: 2003 A U G 2;1 N : 18 CUM ;R; N[ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS NO: 09-4413 TY A. BERRIOS PRAECIPE To the Prothonotary: Please withdraw the following petitions: 1. Petition for Interim Use of Personal Property 2. Petition to Prevent Dissipation of Marital Assets. TY A. BERRIOS 52 WINDSOR WAY Date: CAMP HILL, PA 17011 FLE "E- OF T 1? " IT, AqY 2CQ9 SE'l) - 3 A, g j 19 • fljz i LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TY A. BERRIOS : 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this "&A day of September, 2009, Ty A. Berrios having filed with the Prothonotary a praecipe to withdraw his (1) petition for interim use of personal property, and (2) petition to prevent dissipation of marital assets, both of which are scheduled for a hearing on September 9, 2009, IT IS ORDERED that the petition for interim use of personal property and petition to prevent dissipation of marital assets, ARE DISMISSED. The hearing scheduled for September 9, 2009, IS CANCELLED. ZCara A. Boyanowski, Esquire For Lucinda K. Berrios ? Ty A. Berrios, Pro se 52 Windsor Way Camp Hill, PA 17011 sal CoPt -es ,nat Q/3/U? OF THE 2049 SE °3 FIN d: 26 1.., ? t IA 1, I?ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS, Plaintiff vs. TY A.BERRIOS, Defendant NO. 2009-4413 Civil : CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW DEFENDANT'S PETITION TO SET ASIDE ANTENUPTIAL AGREEMENT Defendant, TY A. BERRIOS hereby withdraws his PETITION TO SET ASIDE ANTENUPTIAL AGREEMENT filed on or about July 20, 2009. Dated: z) U Respectfully Submitted, l7 ? TY A. BERRIOS 52 WINDSOR WAY CAMP HILL, PA 17011 717-574-1948 2009 s 22 t" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS, Plaintiff VS. TY A.BERRIOS, Defendant NO. 2009-4413 Civil CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW DEFENDANT MOTION TO COMPEL MANDATORY COUNSELING Defendant, TY A. BERRIOS hereby withdraws his MOTION TO COMPEL MANDATORY COUNSELING filed on or about July 17, 2009. Dated: /?d p 7 Respectfully Submitted, TY A. B OS 52 WINDSOR WAY CAMP HILL, PA 17011 717-574-1948 THE 2093 SL 262 i`i? . f"'3 LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TY A. BERRIOS : 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2009, Ty A. Berrios having filed with the Prothonotary a praecipe to withdraw his (1) petition to set aside antenuptial agreement, and (2) motion to compel mandatory counseling, and a hearing currently being scheduled for October 12, 2009, IT IS ORDERED that the petition to set aside antenuptial agreement, and motion to compel mandatory counseling, ARE DISMISSED. The hearing scheduled for October 12, 2009, IS CANCELLED. By 11-11 Edgar B. Bayley, J. ve/ara A. Boyanowski, Esquire For Lucinda K. Berrios X'A. Berrios, Pro se 52 Windsor Way Camp Hill, PA 17011 sal A ;.tri AIJ LUCINDA K. BERRIOS, Plaintiff vs. TY AARON BERRIOS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.09-4413 CIVIL IN DIVORCE IN RE: DEFENDANT'S EMERGENCY PETITION TO MODIFY ORDER ORDER AND NOW, this ~"~ day of February, 2010, the Court knowing of no legal authority for granting the relief requested by the petitioner, his petition to modify order of court is DENIED. BY THE COURT, ~ Cara Boyanowski, Esquire For the Plaintiff Ty Aaron Berrios, Pro Se Defendant :rlm yes m~.~(Fd. /!d 1 ~1 Hess, P. J. ~ ~'i ~ -n ~~ ~ -~ ~~ i~ FEB 2 ~ 2~10Cn LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-4413 CIVIL TERM CIVIL ACTION -LAW TY A. BERRIOS, . Defendant IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION UNDER ~3323(f) RULE TO SHOW CAUSE TO: Ty Berrios, Pro Se Defendant/Respondent AND NOW, this Z 3 ~ day of Ft.~ , 2010, upon receipt of the Petition, a Rule to Show Cause is issued upon Defendant/Respondent to show cause, if any he has, why the relief requested therein should be granted. Pending the filing of Defendant/Respondent's answer to Plaintiff/Petitioner's Rule to Show Cause, and until further Order of Court, Defendant/Respondent is directed to refrain from damaging the marital residence and/or any and all property and appliances located therein, turning off utilities to the marital residence, and/or removing any furniture, paintings, and/or personal property items from the residence, without further Order of Court or written ~ree~nt ~: s between the parties. -~ ~^~ ~ -_~ r=t ~- --n ~, ,-„ ~_ _ ~ _~. This Rule is returnable Zo days from service. .~ =; `:~' :~. - _;; BY THE COURT, =' =' ~ ; __ `. :~ c~a u., yc ., DISTRIBUTION: ara A. Boyanowski, Esquire Attorney for Plaintiff ~A. Berrios, Pro Se a/~s~rv 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 52 Windsor Way, Camp Hill, PA 17011 ~ y T ~e 2 ~ zoo ~, LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-4413 CIVIL TERM CIVIL ACTION -LAW TY A. BERRIOS, Defendant IN DIVORCE RULE AND NOW, this Z 3'~day of /~~r.~, , 2010, upon consideration of the Plaintiff/Petitioner's Petition for Exclusive Possession, a Rule to Show Cause is issued upon Defendant/Respondent to show cause, if any he has, why the relief requested therein should not be granted. This Rule is returnable ZO days from service BY THE COURT: DIST BUTION: ara A. Boyanowski, Esquire Attorney for Plaintiff ~ l y A. Berrios, Pro Se a fa.sfrv ~~~ 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 52 Windsor Way, Camp Hill, PA 17011 ~' =; -rr ;~ V', T, ~--s '-';~ '~' ~ _ ~{ ~• ~-.. ~. ,.- _ . ~ ~~ r~~ ~ '~ W LUCINDA K. BERRIOS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09-4413 CIVIL TERM n ~ ~- o TY A. BERRIOS, CIVIL ACTION-LAW ° -'- ~ ~~-' ~ ~ _... . Defendant IN DIVORCE rr~ ~ ~rn _ 1 _ ~...~ ~ ~J 3 ,. ~ ----i C--; ,, . ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNC~~ON .r !'?"1 ~+ rJ -~ 1. Denied that there was never escalating conflicts between the Plaintiff and Defendant. 2. Denied that the Defendant has purchased a condo. The Defendant has been sleeping at the marital residence. 3. Denied that the Petitioner's mother began residing at the Marital Residence on or about June 18, 2009. The Petitioner's mother was not even in the United States at the time, the fact of this can be verified by the United States Department of Homeland Security. 4.-13. Admitted 14. Denied that Defendant refuses to move this case before a Special Master for resolution. 15. Denied that the Defendant threatened to remove items from the Marital Residence. 16. Denied that the Defendant will compromise the listing agreement and future showings of the Marital Residence. 17. Denied that the Defendant damaged items within the marital residence. In fact the Petitioner's mother that has been placed into the marital residence in the absence of Petitioner is the person who has caused damage to the marital residence by breaking an entire window in the garage and breaking a door knob, which to date has still not been repaired. 18. Denied that the Defendant performed these actions to damage the marital residence. The defendant's intention was to force the removal of the Petitioner's mother from the marital residence. The Petitioner's mother is not a tenant at the marital residence, and not a guest of the Defendant, and since under the Petitioner's own omission that she no longer lives at the marital residence, the Defendant believes that his mother-in-law is no more than a squatter and at very best a trespasser since on numerous occasions the Defendant has asked his mother-in-law to leave the marital residence. 19. Admitted. 20. Denied that the Defendant removed the Petitioner's sister's property from the marital residence. 21. Admitted. 22. Admitted 23. Denied that the Defendant broke off a piece of the furnace, and that the Defendant left the front door open and unlocked. 24. Denied that the Petitioner will be charged for this service as the UGI account is held in the name of the Defendant. 25. Admitted. 26. Denied that potential buyers were brought to the marital residence for awalk-through. This fact can be verified by the listing agent Greg Rothman. 27. Denied that the Defendant will intentionally damage the property and remove the Petitioner's personal property. 28. Denied in that the Defendant believes no court intervention is necessary. 29. This is a conclusion of law requiring no specific response and is denied if required. 30. Denied in that the Defendant believes that he has not committed any acts that would require the court to order an injunction. 31. Admitted NEW MATTER 32. On February 23, 2010 this Court issued an Injunction upon the Defendant along with a Rule to Show Cause. 33. Under the Pennsylvania Rules of Civil Procedure, Rule 1531: (c) Any party may move at any time to dissolve an injunction. (d) An injunction granted without notice to the defendant shall be deemed dissolved unless a hearing on the continuance of the injunction is held within five days after the granting of the injunction or within such other time as the parties may agree or as the court upon cause shown shall direct. 34. There has been no hearing on the above matter within 5 days of the injunctive order. WHEREFORE, Defendant respectfully requests this Honorable Court to remove the injunctive order against the Defendant. Respectfully submitted, Ty Berrios, Pro Se 52 Windsor Way Camp Hill, Pa 17011 (717) 648-0616 LUCiNDA K. BERRIOS, 1N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNS~,VA'~IA ,--; ~ Vs. No. 09-4413 CIVIL TERM ~: ~ ' ~.,,~; , TY A. BERRIOS, CIVIL ACTION-LAW !-~:.~ ~ ' . ~ Defendant IN DIVORCE =' '~ , ,~ -c~-r ~ ANSWER TO PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSIOrI'~~€1F _ c i`T RESIDENCE =_ ~ ^ - =~ `~~ 1. Denied that Plaintiff resides at 52 Windsor Way, Camp Hill, Pennsylvania. Also d~ied~at ~ there has been escalating conflicts between the Plaintiff and the Defendant. ~ -~- rv ~ 2. Denied that the Defendant has purchased a condo. The Defendant has been sleeping at the marital residence. 3. Admitted. 4. Denied that the parties resided at the same residence until December 29, 2009 due to financial reasons. The parties had a period of reconciliation for 3 months. During the reconciliation the Defendant added the Plaintiff to his health insurance plan, the parties slept in the same bed, and resumed sexual relations. The parties also attended family Christmas parties and stayed overnight and slept in the same bed. The parties also went out to dinner with friends among other numerous functions acted out in marital capacity. 5. Admitted. 6. Denied in that the Defendant paid half of all closing cost and has split the cost of the mortgage and with Plaintiff. The Marital Residence was bought by the parties in anticipation of marriage. 7. This is a conclusion of law requiring no specific response. 8. Admitted. 9. Denied in that the Prenuptial Agreement states in paragraph number 2 that separate property shall be included in the parties exhibits. The Plaintiff's Exhibit "A" fails to list the marital residence. 10. Admitted. 11. Denied in that there has been not one open house of the marital residence. 12. Denied in that the Defendant is employed and can afford to assume all payments associated with the marital residence. 13. Denied in that the Defendant has not performed any of the actions stated. In the Plaintiff's own omission in paragraph 24 states that she suffers from paranoia. 14. Denied in that the Defendant insisted on using the bath in the master bedroom. 15. Denied in that the Defendant entered the bedroom without knocking, and awakening the Petitioner. 16. Denied in that the Defendant has not been harassing the defendant at all times of the night to talk about the divorce. 17. Admitted. 18. Denied in that the Defendant stated that he was at his "new place painting". The Defendant was helping a friend of his rehabbing a rental unit. 19. Denied in that the Defendant never swore or threatened the Petitioner, again the Petitioner suffers from paranoia and at some points has dilisional thoughts. 20. Denied in that the Defendant has no knowledge of this action. Z1. Denied in that the Defendant was already at the marital residence and was going to a work related job early and was getting himself prepazed for the day. 22. Denied that the Defendant performed these actions to damage the marital residence. The defendant's intention was to force the removal of the Petitioner's mother from the marital residence. The Petitioner's mother is not a tenant at the marital residence, and not a guest of the Defendant, and since under the Petitioner's own omission that she no longer lives at the marital residence, the Defendant believes that his mother-in-law in no more than a squatter and at very best a trespasser since on numerous occasions the Defendant has asked his mother-in-law to leave the marital residence. 23. No response is required in as the Defendant's medical problems are private under HIPPA. The Plaintiff has violated not only the confidence of speech between a husband and wife by making this statement, but also her oath as a Registered Nurse in the State of Pennsylvania by telling the public of my health condition. 24. Admitted. 25. Denied in that the Petitioner's recurring mental health problems started prior to her ending the reconciliation of the parties. 26. Denied in that the Petitioner is no longer employed at the Penn State Hershey Medical Center. 27. Denied in that the Petitioner has family is Maryland and New York in which she can live. 28. Denied in that the Defendant has not purchased another residence, the fact of this can be affirmed by a title check, and that the Defendant has not been living at another residence. 29. Denied in that the marital property was specifically left out the parties exhibits of separate properly to be excluded. 30. This is a conclusion of law requiring no specific response. 31. This is a conclusion of law requiring no specific response. 32. Despite Petitioner requesting specific relief in numbered paragraphs paragraph's in the body of this petition, it appears this is a conclusion of law to which no response is required. To the extent a response is necessary, this averment is denied. By way of further answer, that giving one spouse exclusive possession of the marital residence is a harsh punishment that should not be given lightly NEW MATTER By way of further response, defendant avers: 33. Plaintiff is barred from bringing this action in that the doctrine of res judicata applies. 34. Plaintiff previously filed for a petition for exclusive possession of the marital residence and this Honorable Court denied the petition and ruled in favor of the respondent. 35. Respondent-Defendant avers that there is no change in circumstances which would warrant re- visiting this particular matter. WHEREFORE, Respondent-Defendant respectfully requests this Honorable Court dismiss the Plaintiff's petition for exclusive possession of the marital residence. Respectfully submitted, ~~~ 1 ~ \ 2 ~ ~ b Ty Berrios, Pro Se 52 Windsor Way Camp Hill, Pa 17011 (717) 648-0616 (/ `l LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TY A. BERRIOS 09-4413 CIVIL TERM ORDER OF COURT AND NOW, this _day of August, 2009, the petition of Lucinda K. Berrios for exclusive possession of the marital residence, IS DENIED. By the CQuFt;"'1 ~i.~~ Edgar B. rCara A. Boyanowski, Esquire For Lucinda K. Berrios ~A. Berrios, Pro se 52 Windsor Way ~ + Camp Hill, PA 17011 :sal J. LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 09-4413 CIVIL TY AARON BERRIOS, Defendant IN DIVORCE IN RE: "IFP VERIFIED STATEMENT" ORDER AND NOW, this z~'' day of May, 2010, it appearing that the proposed appellant's statement contains no financial information and the Court being satisfied, from prior proceedings in this case, that the captioned defendant is not indigent and the appeal of this matter being, in any event frivolous, the application of the defendant to proceed in forma pauperis is DENIED. BY THE COURT, Kevin .Hess, P. J. ~ Cara Boyanowski, Esquire For the Plaintiff /Ty Aaron Berrios, Pro Se Defendant n c~ ~, ~; s/~ 7~~v ~ ~ T -:. ~~ LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW N0.09-4413 CIVIL TY AARON BERRIOS, Defendant IN DIVORCE IN RE: PLAINTIFF' S PETITION FOR SPECIAL RELIEF WITH RESPECT TO THE PRENUPTIAL AGREEMENT OF THE PARTIES ORDER AND NOW, this `Z ~ day of July, 2010, after hearing, the Court finds and declares that the Prenuptial Agreement of the parties entered into on June 9, 2006, is valid and enforceable. BY THE COURT, "' Kevin .Hess, P. J. 'Lucinda K. Berrios, Pro Se Plaintiff V Ty Aaron Berrios, Pro Se Defendant :rlm C©p~~s tea,"lid 7/13`i~ - ~ -;_ w _~ L.' ..~ -. <- .. _.~ ~- ~, LUCINDA K. BERRIOS, Plaintiff V S. TY A. BERRIOS, Defendant ~~~ 13 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4413 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ~~ day of 2010, upon consideration of the within Petition, a Rule is ereby granted upon the parties, to show cause why the relief requested in the foregoing Petition should not be granted. RULE RETURNABLE Zo days from the date of service BY THE COURT: DISTRIBUTION: f Cara A. Boyanowski, Esquire ~ Lucinda K. Berrios / Ty A. Berrios C®P.~S nna. ~,e4~ 7 f ~~~ lD ._~ = ~, ~- r =: rTi ,-n ~ -, ,_~' C`. _~ _ f.? .. f'i1 -- ; ~~- .. --c cn c, '-_ r= ~- -~j, =~ 2080 Linglestown Road, Ste 201, Harrisburg, PA 171 10 52 Windsor Way, Camp Hill, PA 1701 1 2109 Cedar Run Drive, No. 301 , Camp Hill, PA 1701 1 .. 'JUt. 2 7 'L!~'e~J ~_ , Karl M. Ledebohm, Esq. ~ --- '_; ~'~' a s---~ Supreme Court ID # :59012 P.O. Box 173 , ~~ New Cumberland PA 17070-01 3 7 ~- , ~; _ (717)938-6929 =f 4, c Attorney for Petitioner 4' -- ~ LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF/RESPONDENT Vs. N0.:09-4413 TY AARON BERRIOS DEFENDANT/ RESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION . PETITIONER . ORDER AND NOW, this ~_ day of ~~,yY,,~~ , 2010, upon consideration of the within petition, it is hereby ordered that: (1) a rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; 1 Kazl M. Ledebohm, Esq. Supreme Court ID # :59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner ~~ ir-_ i_ ";~~ 2~IU Jl~i. 2~ F~ ~ ;;. ;, rJ LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF/RESPONDENT Vs. TY AARON BERRIOS DEFENDANT/ RESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION . N0.:09-4413 PETITIONER MEMBERS 1sT FEDERAL CREDIT UNION'S ("MEMBERS 1sT") PETITION FOR RULE TO SHOW CAUSE WHY MEMBERS 1 SHOULD NOT BE GRANTED RELIEF FROM ORDER OF COURT ENTERED JANUARY 28.2010 WITH CONCURRENCE OF LUCINDA K. BERRIOS AND NOW, comes Members 1 ~ Federal Credit Union, the Petitioner in the above captioned matter, by and through its attorney Kazl M. Ledebohm, Esquire, and makes the following Petition For Relief From Order of Court Entered January 28, 2010, and sets forth in support thereof as follows: 1 2010~01~28~ (~) 16:35 ~IiEI~ E Q~C111,0 _ _,,,, • r ~ ~ FAl(: 7176519200 P, 002 ? ~` ~fflM 1N TSE CAIIRT ~~` CO~MO~T PLEAS OF C'I~11~B~tI,AND COaNTX, SXLVANU LUCQiDA K BHLRkO& ~,, s ,~~. xo. o~>s Arvo>~C~ o1~e .~rrorrow. this. at- ~, . ay-ot~~ ~oto,,~ aFwe~=Fete r~,r~e ~t~,b~yo~n~ ~a the r~oinas a. 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Vdw aY. 10 a11h NfMWIW wWMy d~Wwrarywr lwnT you p!pw~y 2. ~~aWYOWVe lacrru~gwAfv M.aIW 2~OISraaas~pra phi yirw-aroaa ova ~a]a clayi~«~.Yarva a~a bar7~a ^ ^ ^ ^ In aodlaan, a yw kcn arccaaprr~2yaw00aad d~ra~roraRV-rw~a1^~p aVapwotWynYmwulamr lrlysoebe an~eAwaaarnW h onf~ b OnarmW a9CbpeY. 7• aPtnarws~o~qqu1nr"aar~ypcsfly'a'oma Wvsl oRarnIA~l((DS Ryro~lstlaceaaaRN«aWrCITIwR~ark ~vae~aya~ry angry aaaw. malt'. ^ ^ ^ ^ ova rotrrol a ~OryO q aM~Pa+aK~ Ww~ir Yo to~tliloir ]lira IlMwailtl~alal win aayo~t rti Yruaaila~ip~pia n1o i~mvi gRsat.aWrrrW Yw tIN Mrsan b na.apMa W huarlca rq Ttra albWn eau d my lea) Wunna •al W au grub a an Any eon who wRh axanl b dynuy~ryarc.woomp.~ arauw penonruaa an anotkrlon r« Nwanra p arN al Wancmuarhya mMMWyrNa.INnrnWtnn «aOne ufw lM plryaa~~„ln(amyrbn Rn~rr7N rRat Ner.loamrrN4a awW.nlMwww s4, which sl a cnm. vq a,glgts wYr fan to ctunWl arW cMl paiYRlp. oo roI efpn Ws appualbn a aa~~ry1y.arlicaeb sp.ws an a appnaalgn wxi nal a. uaee N m,Raar Y H.ppuaw. dank pace nova rot boon compl~, Pa WDt« Ms Ira algnad arrd Owed the tppaWlon aro YUr aprwca an Mr nN bfu wYlraafa5 CREDIT INSURANCE APPLIED fOA: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISA81LI7Y COVERAGE. ^ Yes Q No Single Gedit Llfe Total Premium ^ Yes QX No Credit Dlsabtlry Total Premium ^ Yes [Jx No Joint Credit Lire ; Indkate wnkn applkarn(s): ^ Applkarc ~ CaApppcalu S 0,00 Irgkate vrhlCh apppcatt(s): ^ Appdcanl ~ CoAppfcant ~ s D.110 YW araGwaea erl.r tar or ire..d...~o...~,......,.....__~~_~_a__._ ~__...___ . A t'9 I,ASER~WOR9 r. ia76e Rh. INI . Cwr4Arrka.lnc Au rrgNr I•sana4 Ezhibit "B" OW 551GNATURE ~ lMT .MAKER ER OWN R "CO-$ICNEA DATE a IsEAL) 7 (BEAU -y -57 ^ CO~MA1tER ~ 'OTHER OWNER ^ '•GO•SIGNER DATE CO• AKER OTHER OWNER ~ ••CO•SIGNER f1tTE x (SEA4 (SEAL) X CO~MAKER ^ 'OTRER OWNER ^ ••CO-SIGNER (SEAI)TE X COddAKER (] 'OTHER OWNER ~ '•CO•SIGNER DATE (SEAL) 'oM[R awntR: Mr pare Mann. ylgrrrr t'naollnnl NP as a lPla a MY>) H M o.. oavNO iWwaY.gryaww IM W wwr.r~Y.a Mo 1 o,P1f. Y m{ otlq•r n pry M aloc W uM.rw.tl. yr.l w PIP Inv r f.v\r swam In Yu eo~Yr.,.r ~ sya'vW tnara fmcarq.awanl. `Ga•x1aN[Rr 4aon oafwd M naaa urbn wq taaa arraew PpPnl awserywaa.fPd arp Pa as oral OW P M 4M IM avan,fa.vhvr.l onto la M.~at h a w.avb arPMPa. Pubs h 4w. BOARD EK NAM tOAM NUWER 6 raJWEA OA76 LUCINOA K ZANUR 209188 2883001 O7f02/2007 INAMHES~AGREEIAWNTS$~TRE WORDS 'CREDIT UNION' MEANS MEMBERS 1ST FEDERAL CREDIT UNION. THE WORDS 'YOU,"YOUR' AND'YOURS' MEAN THOSE LQAN AGREEMENT Fa SECURITY AGREEMENT rtaMS and pax due: srly aeented Irxarex in etldition a fririe5se. [herebyv exi nduia--iris teim~ dyy-oo-ur Io-sn'. Vvtft-r`otnTse io caws . making paymen[s pn to maer aN obbaatlals under this AgreemsrM even r~ you ro bngerracmvethe pefanedrolle. Leta Chef If u make e 1 to wvmart, you ogres to pey a Isle charge if one rs ded%n Dogs 1 0l this doeumart. Pro Insurance: If obtain ban seared motor vettkW M o[r~~ Ie operty.~must o~taatt Insurencs~ oroteus the asdt tin n eel Ids , ertatrk coves~e 1 Insurance mux be bra tp the u ult~n. S a oozy provkie at laax fue, uletL combined sdd I covera0es" ts81s n ance.11 must corxa a Loss Peyabig douse an meet namnq the ued'E union es tlen hokhx. You may obtet W s insurance from an ag9Tnu of yyaou~rr choice and dueU the agent w send tie aedil union a copy ordt8 PorrcY• Debtor Responslbillty v miss W t trdon of an therga rn your name address or amopu~ypr~osM. Yeti s not w appf~ fdyr a loafs 11 kttovr there Is a retsoAabie oprorobalMYtyy that veil be' urfade w regsY r obligation acyorda~g to the terms of yte ext~slon. YW prpny e o nfam crsdk unon Many new mfumauon ralst w yar iDlkt to repay your oblfaa8or, You proml not to slWmit ales or~cturals ~N~fanas Uon ~GiollrfWUly conceal Ir~irmaUon rsgardnp your usditwonhinsu, ng, Bde capaGlY• tRtuta~yypLryieln~:slf~u Brea kt$d~afauk~fne~d/amoral,la~w~r'vSs~tthyeouutedcfctauunnion the r done bl Qsfault to sou ttu~lin. Pncedyyoouu aie in dataul4 the eru~tM union may exercrss Ihr9 rrit tvsrwta ftxther7a8ce W you. Delay In~Enforr~emgrtt; ~ edl Lkdan may delay ~cing any of die uedl UrllOn 5 U 1N5 8 BinIBM wiUbtll bsaKj Irreoutar Payments: Ttte v~I[ tnbn ma a~cs~t Isto pay Is ar nanlal aYyB~ients~ even h m rked'paym ~n full; without tos~g any btth crtitlll union riuhls tin th~s agremfler~ s ~Cgoemgtaykyrrelf ypu are s nirg Ws aagNr~ef~tt as a mtsWg~er, oauy t~gUreaeto ~lhef DOlhsdonsrble tvr~h thB bOrr OOeSbtA ~"~ rW~~Ot[ that or 8f you. The trade uNan w w this agreement has riot been pall the aeOk utt~i may ettttnd terms ol. Pa meet nd raise a any sscurRy wkhotR nol fyYg or re a you from re~patsib~l~ry on tnl~s agreement. ComnctuN Ph~dd~~a of Shares: You gsdpa NI your aharaa and dsDoNta In ere aedlt union InUridtrg future sddkbns, ae seaxky to Ws aen. In aw you dNsulu W crrolt Won may~spply attrse ertarK srd deooalu W dw psyrrMrx of dl sums dw n the time er WrsrLL krdudlnp cpa[a of Celleeden and roasonaele attornq'S faos. thu rho vedh un10n msy M>cur up to TO% of Wa urtpNd plrrolp 1 and Interest NO IIM a llyht b Impnae a hen on efaraa and II ipp t ~ ry of your aheres which may ba herd In an'IndlvkuU 7. 6100 yl9e ["Eie'~i w. ~id'tKai yyou v°ail~w aeq i>,is`is '" ~j aye you ao. A ure oaraonr aoasnl pay lhs deb6 yvu wtit haw w. 8s sure you can srtad to have to pay up m dro fug amount d [rte debt the borrower dons not pay. You may also haw w pay Ixe foes or co0ecdon vests, vAlictl ktapse Ws for can collect this dell from you without fht ng t~ edlect from the b Titi_s uedtar cgn.use the me colledbn meth aosiy~ you~hsl sd a9alnSt the arTawer, such ass n~you, ~r~ n~vvapas, etc~ttt~s •oaof h ever In detauk. Uwtt ~aa tna became a or er tls Waite is rrot the cancan that make YYo~u I da or F. 037691N2 APPRO Syrians, he, 2r~•7ar1 Pape z of 2 Ywer~i Nerwcssary stryNr~cr*aea0nk~b~rgve~raira~eYUOn efga~otalgw[s p~y~ags wp~k~eh~t.eM~Slr a:dti u~r on° a `~ta ibyW 4WIn vwVaxy'bK~s pm+at~j W dit~Pro(eecotbirneaeo~~l U+e 0. ~ ,~ .r~ _~ 1 ~pss~ asTMaar~i~marea~r~~~wr~iailaas A~rowaoai'sl"arw~'~ia o r~ar~aevaret ~ r.tpaf b MAa dttais a~e aef~nm~t u. t~w6s. as+d eYs,Yaarnent rat ash Wxis you. bu ya+-sxecwors. adniiwamrs. 1'1YJ~'CTNbA T~. BERRIOS PLAIlVTIFF/RESFONDENT Ys. TY AARON BERRIQS DEFENDANT/ RESPONDENT MEMBERS 1 sr FEDERAL CREDIT UNION PETITIONER IN TIC COURT OF COMMON PLEAS CUMBERLAND COUNTY', PENNS'Y"I,'V'ANYA NO.: 09-4413 DNO1tCE YERYFYCATYOI~T i, Lynn Unger, Bankruptcy Specialist for Ivlexnbcrs 1 ~ Federal Credit Union, being authorized to do so on behalf of Members i" Federal Crcdit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my fnformatio knowledge and belief. I understand that false statemens are ~anade subject to the penalties o 18 Pa. C.S.A. Section 49(}4, relating to unsworn falsification to authorities. Members 1 n Federal Credit Union B : ~~ ~ii,st- L ger, truptcy Spccialist S Karl M. L,edebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 (71738-6929 LUCINDA K. BERRIOS PLAINTIFF/RESPONDENT 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TY AARON BERRIOS DEFENDANTtRESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION PETITIONER NO.: 09-4413 DIVORCE CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 23`~ day of July, 2010, I served a true and correct copy of the foregoing Members 1'` Federal Credit Union's ("Members 1 s` ") Petition For Rule to Show Cause Why Members 1 s` Should Not Be Granted Relief from Order of Caurt Entered January 28, 2010 With Concurrence of Lucinda K Berrios upon the following individuals by first class mail, postage prepaid, addressed as follows: Lucinda K. Berrios 52 Windsor Way Camp Hill, PA 17011 Cara A. Boyanowski, Esquire Serratelli, SchiB'man & Brown PC 2080 Linglestown Road, Suite 201 Hamsburg, PA 17110 Ty Aaron Berrios 2109 Cedar Run Drive, Apt. #301 Camp Hill, PA 17011 Respectfully submitted, Date: July 23, 2010 1 . I.edebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 F.. TL Cara A. Boyanowski, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 fax cboyanowski(&ssbc-1aw.com L10F V 13' r:. '' 4. AW& ARA- A3 pf" x:21 LUCINDA K. BERRIOS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 094413 CIVIL TERM : CIVIL ACTION -LAW TY A. BERRIOS, . Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Cara A. Boyanowski, Esquire of the law firm of Serratelli, Schiffinan & Brown, P.C. and moves that this Honorable Court make absolute the Rule to Show Cause and avers as follows: 1. On July 14, 2010, The Honorable Kevin A. Hess signed a Rule to Show Cause why Cara A. Boyanowski, Esquire should not be allowed to withdraw as counsel. Said Rule was returnable twenty (20) days from the service upon the parties. 2. The Rule was served upon the Plaintiff, Lucinda Berrios, on July 21, 2010, by certified mail, as evidenced by the attached return receipt. (See Exhibit "A".) 3. Service upon Defendant, Ty A. Berrios, was attempted by certified mail, however, Defendant has failed to pick up his certified mail, as has been the case throughout the course of this matter, and the mailing was returned to Petitioner "Unclaimed". (See Exhibit `B".) 4. Petitioner notes the Court's distribution as indicated on the Rule to Show Cause dated July 14, 2010 and prays this Honorable Court accept a "service date" of July 17, 2010, which allows a mailing period of three days from the distribution of the Rule. 5. The Rule was returnable on August 10, 2010. 6. As of this date, no Answer has been filed by Plaintiff nor Defendant. WHEREFORE, Petitioner moves that this Honorable Court: a) Make the Rule of July 14, 2010 Absolute; b) Issue an Order withdrawing the appearance of Cara A. Boyanowski, Esquire as counsel for the Plaintiff, Lucinda Berrios. Respectfully submitted, Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 Fax cboyanowski@ssbc-law.com VERIFICATION I verify that the statements made in the foregoing Motion 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: 8-? Al K'AA A. Boyano ski CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, do hereby certify that on this ? ?` day of Am USA , 2010, I did serve a true copy of the foregoing Motion to Make Rule Absolute by First Class United States Mail, postage prepaid, mailed at Harrisburg, Pennsylvania, upon the following person(s) at the address(es) indicated below: Lucinda Berrios 52 Windsor Way Camp Hill, PA 17011 Ty A. Berrios 2109 Cedar Run Drive No. 301 Camp Hill, PA 17011 OAIPI a.P uc?un Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 Fax cboyanowski ,ssbc-law.com rj ck..2?AQ) • co r; bs Itsms 1, 2. and 3. Alec complete wm 4 H gee4ticted DWVNY is desired. g }*g your name and address on. the reverse so that we tit rehim the card to. You. s Mach this card to the buck of the mailpleos, or on the front N apace permits. 1. Article Addressed to: *ucAnddso W ? 5'aZ W Nn11 PA O-k? wmP ? Ookk B. Rot hMd by (ftW. )n C. D. is delivery atwM d ftMI item i4 O Yes if YES, enter delivery address below: 0 No a. SWAM lype )9,Q a mail ? Express Mail ? RealstpW ? Rotum Rec W for MemhwidbO E3 insured Mall ? C.O.D. 4. Restrlcted DsiNery? Pft Fee) ? Yes D Apwtt ArtideNwnber 7008 1140 0002 4800 0805 fthenetts? aNUtloeM?i ,sesa-0a?+ttsso }r? '? . 2001 oat+neae pleAUrn t?Motlpt • d I aw fJ 1 d g CL C:, ri to 7 millillmom aa'?r.?l{ tU co mmmmmmm? O 'mm!mm-- O M co r ru a to C3 --w-ma.a 0 W 0 F ? h ? a G 0 a a a W 6 H F a w V a ? o P w a ?+ Y, o a uJ W ao m in z i) a c. 1 o w +t 4'a •C; I O O W Q UA - z Ir WOO rt -_ OWIL % OHO - ?t t-at- In J zVW *+ jrzJ ui = ° r F a -- *+ W z 10 - Ir D W = O - rl = si - it r 1 H U y x 1+ U z m L1 `- C o no l Q ? o -- a ? E- cv d , t ?r a ? aoia A06 Ie opt .3 L09 1 ., Karl M. L,edebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 (717)938-6929 LUCINDA K. BERRIOS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PLARMFF/RESPONDENT : PENNSYLVANIA V. NO.: 09-4413 DIVORCE TY AARON BERRIOS DEFENDANT/RESPONDENT MEMBERS 1 ST FEDERAL CREDIT UNION PETITIONER CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 13" day of August, 2010, I served a true and correct copy of the foregoing Order upon the following individuals by first class mail, postage prepaid, addressed as follows: Lucinda K. Berrios 52 Windsor Way Camp Hill, PA 17011 Cara A. Boyanows1d, Esquire Serratelli, Schiffman & Brown PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Ty Aaron Berrios 2109 Cedar Run Drive, Apt. #301 Camp Hill, PA 17011 Respectfully submitted, Date: August 13, 2010 wl M `Ladebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 'JUL 61 Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF/RESPONDENT Vs. NO.: 09-4413 TY AARON BERRIOS DEFENDANT/ RESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION PETITIONER ORDER AND NOW, this day of GGfu"p , , 2010, upon 01 consideration of the within petition, it is hereby ordered that: (1) a rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; 1 (2) the Respondent(s) shall file an answer to the petition within twenty (20) days of service upon the Respondent(s); (3) the petition shall be decided under Pa. R.C.P. No. 206.7; wit r?' days.-44hifi (5) argument shall be held onb,-,- in Courtroom 'Yof the C,ton -/a.d County Courthouse; and a?- 11;3e) a.m (6) Notice of the entry of this Order shall be provided to all parties by the Petitioner. By the Court: Kevin A. Hess /J. Notice addresses: Respondents: Lucinda K. Berrios 52 Windsor Way Camp Hill, PA 17011 Cara A. Boyanowski, Esq. Serratelli, Schiff nan & Brown, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (Attorney for Lucinda K. Berrios) Ty Aaron Berrios 2109 Cedar Run Drive, Apt No. 301 Camp Hill, PA 17011 Attorney for Petitioner: Karl M.Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 2 AUG 18 2010 Cara A. Boyanowski, Esquire Attorney ID No. 68736 SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 fax cboyanowski@ssbc-law.com LUCINDA K. BERRIOS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-4413 CIVIL TERM : CIVIL ACTION -LAW TY A. BERRIOS, a Defendant : IN DIVORCE - ORDER D AND NOW, this 2-D' day of , „r,r, 2010, upon consideration of Petitioner's Motion to Make Rule Absolute, it is hereby Ordered that the appearance of Cara A. Boyanowski, Esquire, as counsel for the Plaintiff in the above-captioned matter, is withdrawn. BY THE COURT: Distribution: ?ra A. Boyanowski, Esq., 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110 ? Lucinda Berrios, 52 Windsor Way, Camp Hill, PA 17011 e_`' A. Berrios, 2109 Cedar Run Drive, No. 301, Camp Hill, PA 17011 CaPt'@s ry19 l& Fr-C t~ ~ ~ ~t~,n~~~ ~~ ~~;.~' -~ Phi 2~ 0$ VI~1 ~~~yJ - I.YrfU~lf'1 Karl M. Ledebohm, Esq. Supreme Court ID # :59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF/RESPONDENT Vs. N0.:09-4413 TY AARON BERRIOS DEFENDANT/ RESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION PETITIONER MEMBERS 1sT FEDERAL CREDIT UNION'S ("MEMBERS 1sT"1 PETITION TO MAKE ABSOLUTE RULE ENTERED ON AUGUST 9.2010 AND NOW, comes Members 1St Federal Credit Union, the Petitioner in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following Petition To Make Absolute Rule Entered August 9, 2010, and sets forth in support thereof as follows: 1 1. Pursuant to Local Rule 208.2(d), Concurrence of Cara A,. Boyanowski, Esq., Counsel for Respondent, Lucinda K. Berrios, was sought. Attorney Boyanowski has indicated that she does not ouuose this motion. 2. Respondent Ty Aaron Berrios is not represented by counsel and therefore Local Rule 208.2(d) is not applicable. 3. The Honorable Kevin A. Hess entered the Rule in the form of an Order dated August 9, 2010 in the above cautioned matter (the "Rule"1. 4. On August 13, 2010, Plaintiff served notice of entry of the Rule and corresponding Petition upon the Respondents as set forth in the Certificate of Service attached hereto as Exhibit "A" and made part hereof. 5. The Rule specifically required Respondents to file an answer to the petition within twenty (20) days of service of the Rule upon Respondents. 6. More than twenty (20) days have elapsed since the date of service of the Rule upon Respondents and, as of the date hereof, Respondents have not filed a response to the Rule. WHEREFORE, Members 1st Federal Credit Union respectfully requests that this Court enter an order making the Rule absolute and: A. Allowing Members 1st to immediately proceed to enforce its rights and remedies under the Note and at law and in equity as to the 2006 BMW Z4 referred to herein including, without limitation, the right to immediately repossess and take possession of the BMW. B. Granting such other relief as this Court deems appropriate. 2 Date: ~ -- ~' ° ZD fy Respectfully submitted, r~ ~~ earl M. L~ edebobm, Esq. Supreme Court ID # :59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner Karl M. Ledebohm, Esquire P.O. I3ox 173 New Cumberland, PA 17070 (717)938-6929 LUCINDA K. BERRIOS PLAINTIFF/RESPONDENT V. TY AARON BERRIOS DEFENDANT/RESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NU.: 09-4413 DIVORCE CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 13"' day of August, 2010, I served a true and correct copy of the foregoing Order upon the following individuals by first class mail, postage prepaid, addressed as follows: Lucinda K. Berrios 52 Windsor Way Camp Hill, PA 17011 Cara A. Boyanowski, Esquire Serratelli, Schiffman & Brown PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Ty Aaron Berrios 2109 Cedar Run Drive, Apt. #301 Camp Hill, PA 1701 1 Exhibit "A" Respectfully submitted, Date: August 13, 2010 earl M: Ledebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Karl M. Ledebohm, Esq. Supreme Court ID # :59012 ' ~ P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Petitioner LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .: PLAINTIFF/RESPONDENT Vs. N0.:09-4413 TY AARON BERRIOS DEFENDANT/ RESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION PETITIONER ORDER _; ~. ,. _ .. -~- _. . ~. ,~¢~ 6~~ AND NOTE, tf2~s _~- ~ O~ ~'~ r, ~, ~,,~, ____ *, consideration of the within petition, it is hereby ordered that: (1) a rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; ;; 1 (2) the Respondent(s) shall file an answer to the petition within twenty (20) days of service upon the Respondent(s); (3) the petition shall be decided under Pa. R.C.P. No. 206.7; .. .eted within _._ days s€-t~ris date; (5) argument shall be held on t';~,~iz'r ~~i,,.7G/Din Courtroom ~ of the (~tmb~-/a .,.Gf County Courthouse; and ~~{- ll'.3 ~~ cr, fvt (6) Notice of the entry of this Order shall be provided to all parties by the Petitioner. By the Court: Kevin A. Hess, •J. Notice addresses: Respondents: Lucinda K. Berrios 52 Windsor Way Camp Hill, PA 17011 Cara A. Boyanowski, Esq. Serratelli, Schiffinan & Brown, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (Attorney for Lucinda K. Berrios) Ty Aaron Berrios 2109 Cedar Run Drive, Apt No. 301 Camp Hill, PA 17011 Attorney for Petitioner: Kar•1 M.Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 2 LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLATNTIFF/RESPONDENT Vs. NO.: 09-4413 DIVORCE TY AARON BERRIOS DEFENDANT/ RESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION PETITIONER VERIFICATION I, Lynn Unger, Bankruptcy Specialist for Members 1St Federal Credit U i ion, being authorized to do so on behalf of Members 1St Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1St Federal Credit Union B. Lyn U ger, B ptcy Specialist 3 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 (71738-6929 LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF/RESPONDENT PENNSYLVANIA V. NO.: 09-4413 DIVORCE TY AARON BERRIOS DEFENDANT/RESPONDENT MEMBERS 1sT FEDERAL CREDIT UNION PETITIONER CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 7th day of September, 2010, I served a true and correct copy of the foregoing Members 1 S` Federal Credit Union ("Members ls`') Petition to Make Absolute Rule Entered on August 9, 2010 and corresponding Order upon the following individuals by first class mail, postage prepaid, addressed as follows: Lucinda K. Berrios 52 Windsor Way Camp Hill, PA 17011 Cara A. Boyanowski, Esquire Serratelli, Schiffinan & Brown PC 2080 Linglestown Road, Suite 201 Hamsburg, PA 17110 Ty Aaron Berrios 2109 Cedar Run Drive, Apt. #301 Camp Hill, PA 17011 Respectfully submitted, Date: September 7, 2010 ~'! arl . Ledebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 SEP 10 2olo Karl M.. Ledebohm, Esquire P.O. Box 173 New Cumberland, PP, 17070-0173 (717)938-6929 LUCINDA K. BERRIOS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF/RESPONDENT Vs. NO.: 09-4413 DIVORCE TY AARON BERRIOS DEFENDANT/ RESPONDENT MEMBERS 1 IT FEDERAL CREDIT : UNION PETITIONER ORDER AND NOW, this If • day of Se?1-•,,(ics , 2010, upon consideration of Members 1St Federal Credit Union's Petition For Relief From Order of Court Entered January 28, 2010, it is hereby ORDERED THAT the Rules issued by this Court in the form of the Order dated August 9, 2010 is made absolute and Members 1St is immediately permitted to proceed to enforce its rights and remedies under the Note and at law and in equity as to the 2006 BMW Z4 which is the subject of the previous order of this Court entered on January 28, 2010 1 including, without limitation, the right to immediately repossess and take possession of the BMW. By the Court: J. Notice addresses: Respondents: Lucinda K. Berrios r? 52 Windsor Way c, ,l X1.7 Camp Hill, PA 17011 ' ! 1; M .7 Cara A., Boyanowski, Esq. Serratel.li, Schiffman & Brown, PC ° 2080 Linglestown Road, Suite 201 P7 Harrisburg, PA 17110 9 ' =z (Attorney for Lucinda K. Berrios) Ty Aaron Berrios 2109 Cedar Run Drive, Apt No. 301 cl fl y`Ai i6 Camp Hill, PA 17011 Attorney for Petitioner: Karl M.Ledebohm, Esq. e P.O. Box 173 cUP` "? <? New Cumberland, PA 17070-0173 yq? 2 SEP3OZOlU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LUCINDA K. BERRIOS, PLAINTIFF vs. CIVIL ACTION- DIVORCE TY AARON BERRIOS, DEFENDANT NO. 09-4413 RULE TO SHOW CAUSE AND NOW, this ~~ ~ day of .~.~ , 2010, '/ 4,L~ ~ {~Iy v / N rt'nf~-32i Petitioner's Petition for Modification of Exclusive Possession Order, to allow exclusive possession of the martial residence to be shared by the Plaintiff and the Defendant. ~ S ~ ,.,+ i ~ J •-w ~ Zvi' `° "? 4 d n.. ~ ~'`'`f`' -G~'f orvw~.ry .' a.,. trod/ vj a~,.~~ Loy Zolo. t r M f^ ~y L;F~e2~'os lu.cc%~a~ ~~t~s lol~~ld ti,._. --- _~. r ~,Y~„ CJ ,~/3 --~ t"K"t x`~ 3 .<:_ CTi ~ t -'C ~ p :.ti L. V~ ~ ~a --~ -.,.~ ~~ --d i ~- r° µ~- w°• C~ t:=a , i~ r.~. •p r ~r~? ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE LUCINDA K. BERRIOS, Plaintiff ) ,~ vs. ) No. 09-4413 ~ ~ "~ -.~ ~ _ ~' ~ TY AARON BERRIOS, ) ~'-' ~, ° tT's °- Defendant ) ~ '~ ~; ,, ~ = °' ~ ,~, PETITION FOR CIVIL CONTEMPT =° c: ~~ `~ ~' :s ~ ~ c-~ Ty Aaron Berrios, pro se, respectfully represents that: ---~ ~' 1. Petitioner is Ty Aaron Berrios, Defendant in the above-captioned matter. 2. Respondent is Lucinda K. Berrios, Plaintiff in the above-captioned matter. 3. On April 20, 2010, this court entered an order directing that the Plaintiff shall allow entrance to the Defendant into the marital residence every 30 days upon not less than a 24 hour notice and to notify the defendant of any noteworthy events in regards to the sale of the marital residence. A copy of said order, marked "Exhibit A" is attached hereto and made a part hereof. 5. Respondent has willfully and deliberately violated this court's order of Exclusive Possession, in that she refused to permit the Defendant entry into the marital residence after the Defendant has given 24 hours notice per Order of this Court. The Respondent has also not notified the Defendant of any noteworthy events in connection with the sale of the marital residence as per Order of this Court. 6. Petitioner has learned via the Internet that the sale price of the marital residence has been changed without his knowledge. 7. Petitioner believes and therefore avers that Respondent intends to continue to refuse access to the martial residence to the Defendant, and to also not inform the Defendant of noteworthy events in connection with the sale of the marital residence. 8. The violations of the order of Exclusive Possession by Respondent are willful, deliberate, and without just cause or legal excuse. WHEREFORE, Petitioner prays that Respondent be held in civil contempt for violation of this Court's order of Exclusive Possession. ~, A .,.; Ty A. Berrios, pro se Defendant/ Petitioner ~~ ~~~ LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CNIL ACTION -LAW N0.09-4413 CNIL TY AARON BERRIOS, Defendant IN DNORCE IN RE: PLAINTIFF'S PETITION FOR EXCLUSNE POSSESSION ORDER AND NOW, this Zo day of April, 2010, after hearing, the plaintiff is granted exclusive possession of the residence located at 52 Windsor Way, Camp Hill, Pennsylvania, subject to the right of the defendant to inspect the premises every thirty (30) days after not less thantwenty-four (24) hours' notice to the plaintiff: The plaintiff is further directed to notify the defendant, by email or otherwise, with respect to any noteworthy events which occur in connection with the sale of the real estate, including the holding of open houses and the expression of any interest on the part of a perspective buyer. BY THE COURT, 'Cara Boyanowski, Esquire For the Plaintiff ~'I'y Aaron Berrios, Pro Se Defendant :rlm ~ la.t/la ``.7"~ o 0 ~f~ ~ Z:T' ~ J_ ~~ ~r c~ ~=' { ~ N =~ c~ , ^7' T, ~ ~'~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE LUCINDA K. BERRIOS, ) Plaintiff ) vs. ) No. 09-4413 TY AARON BERRIOS, ) Defendant ) I VERIFY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Date: ICS ~ 5 ~ ~O l O Ty Aar e efendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE LUCINDA K. BERRIOS, ) Plaintiff ) vs. ) No. 09-4413 TY AARON BERRIOS, ) Defendant ) AFFIDAVIT OF SERVICE Before me, the undersigned authority, personally appeared Ty Aaron Berrios who, being duly sworn according to law, deposes and says that he served a true and correct copy of the within Petition for Civil Contempt upon Lucinda K. Berrios via U.S. Mail Service on the 5th day of October, 2010 . (Signature) Sworn to and subscribed before me this ~~ day of DG~?h-ef'. , 2010 to P bli ~MMONWEALTH OF PEUNi13Y1.yAli11A NOTARUIL SEAL JOHN R BEINHAUR, Nol~ry PnbNc Lo~wrr Paxton Twp., D~uphi~ Counter ~ Commta:fon ExMns Mach 13,'011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- DIVORCE LUCINDA K. BERRIOS, ~ Plaintiff ) ~ ~ `~ ~ ~ vs. ) No. 09-4413 ~ c, -n ~ ~ C!3 r' -~-~ ..~ r* ap TY AARON BERRIOS, N Defendant ) ~ ~ ~ o 2' c-~ xQ ~ o a~ ORDER AND NOTICE TO APPEAR ~ ~ `x' ~ ~`' ~ .-~ ~ cc~ ~ ~ Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for Exclusive Possession of the Marital Residence. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the court your defenses or objections. Whether or not you file in }3mting with the court your defenses or objections, you must appear in person in court on -. ~d~ ~/~ at 91 l..5' , A.M.~-~d1., in Courtroom # y IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for Exclusive Possession of the Marital Residence, you may be found to be in contempt of court and committed to jail, fined or both. 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 WHETHER YOU CAN GET LEGAL HELP: ~ ~` ~~c.../a..~ ~I~s-~'rf...~s ~rAatr .c/~icf- ~Ser~c.R..•f t~c''`''~"' ~~~f~ . ~ ac 2.~2,10~ 1.- ~3~n.rLr ~s to a ~ 1 ra ~rrj BY E COURT: `~~ Kevin A. Hess, P.J. ti LUCINDA K. BERRIOS Plaintiff, vs. TY AARON BERRIOS Defendant. :CUMBERLAND COUNTY COURT OF COMMON PLEAS ~~ ~ ~ ~ ~ ~ `~'~ ~ ~ - ° --+ -rt rn :~ • ;ter _ ~ No. 09-4413 ~ :. ~' ~ ° o Divorce ,~~ ;~_~• W ~- ~~ ~ ° - ~ a~ w n r ~ ra ~, PRAECIPE FOR LIS PENDENS To the Prothonotary: Please index the above-captioned matter as a Lis Pendens against the following real property: 52 Windsor Way, Camp Hill, PA 17011 East Pennsboro Township, Cumberland County, Pennsylvania Tag Parcel No.: 09-18-1304-187 See legal description attached hereto and incorporated herein by reference. I hereby certify that this action affects title to or other interest in the above- described real property. By: Ty anon Berrios, Pro Se Tyberrios@sprint.blackberry.net 2109 Cedar Run Drive 301 Camp Hill, PA 17011 Telephone No. 717-648-0616 Date: l ~ 1 ~ `t 1 y~d ~d ~ ~~970~ ,~.,..~. ,, ~~.;~ ~G \` . ~ ~ 4' ~~', ',..r ~ ~°~ 13 .~~,.:.; a~q~3 ~~ J ~ r '. ~~9~ Tax Parcel# 09-1&1304-187 ~~ j ~ ~ e~~, made the rZ~ ~ of June, 2005 ~etbueen VINCENT J. PINIZZOTTO and ANDRA D. PINIZZOTTO, Husband and Wife, of Camp Hill, Pennsylvania, GRANTORS, AND LUCINDA K. ZAMIR, single person, of Hummelstown, Pennsylvania, GRANTEE. ~~ ~~ ~itne~getlj, that in consideration of Two Hundred Twenty-Nine Thousand Nine Hundred ($229,900.00) Dollars, the receipt of which is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, his heirs and assigns, ~U ~C~jnt Qlertafn tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ~eginnirig at a point on the southern right-of--way line of Windsor Way a fifty {50) foot wide road, said point also being the northeast corner of Lot No. 47 as shown on the Final Subdivision Plan of Victoria Glen II; thence continuing along the southern righ~of--way line of Windsor Way the following two courses: North sixty-three {63) degrees forty- eight (48) minutes twenty (20) seconds east, a distance of thirty-six and twenty-one hundredths (36.21} feet to a point; thence continuing along a curve to the right having a radius of one hundred twenty-five and no hundredths {125.00) feet an arc length of eighty-two and ninety hundredths (82.90) feet; said arc being subtended by a chord and bearing of North eighty-two (82) degrees forty-eight (48) minutes twenty (20) seconds east, a distance of eighty-one and thirty-nine hundredths (81.39) feet to a point, said point being the northwest comer of Lot No. 49 as shown on the final subdivision plan of Victoria Glen II; thence continuing along the western line of said Lot No. 49, south eleven (11) degrees forty-eight (48) minutes twenty (20) seconds west, a distance of one hundred twenty-five and no hundredths (125.00) feet to a point, said point being the northeast corner of Lot No. 72; thence continuing along the northern line of Lot No. 72, South seventy-one (71) degrees twenty-two (22) minutes ten {10) seconds west, a distance of forty-five and no hundredths (45.00) feet to a point, said point being the southeast corner of the aforementioned Lot No. 47; thence continuing along the eastern line of said Lot No. 47, north twenty-two (22} degrees nine (09) minutes thirty (30) seconds west, a distance of one hundred nineteen and thirty-seven hundredths (119.37) feet to a point, said point being the point and place of ~eginnirig. ~o0ic 2fi9 rti~: 4" ~7 Q'GOritairi[rig ten thousand one hundred twenty-five and fifteen hundredths (10,125.15) square feet or 0.23244 acres. ~eirig Lot No. 48, as shown on a Final Subdivision Plan for Victoria Glen II, Phase I, as recorded in Plan Book 55, page 57, Cumberland County. briber and ~ubjett, nevertheless, to restrictions, easements, and conditions of prior record. ~eirig tfje ~~me ~remige~ which Andre D. Dobson, now known as Andre D. Pinizzotto, by Deed dated 3une 5, 2001 and recorded June 7, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 245, Page 415, granted and conveyed unto Vincent J. Pinizzotto and Andre D. Pinizzotto, Husband and Wife, Grantors herein. ~GDget~jer init~j all and singular the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever, thereunto belonging or in any wise appertaining and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, properly, claim and demand whatsoever of the said Grantors, in law, equity, or otherwise howsoever, of, in, to or out of the same. ~D babe arib to ~jDID the said lot or piece of ground above described, with the buildings and improvements thereon erected, hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. ~nb the Grantors covenants that, except as may be herein set forth, it does and will forever warrant and defend the lands and premises, hereditament and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. ~ri ~itrie~~ ~Tjereni, the said Grantors have hereunto set its hand and seal the day and year first above written. ~rte~t: Vin inizzotto . pp d.J~ " 1l .lb Andre D. Pinizzott ~QO~ 269 Pac~4368 ~. w'• COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF _~ ~ /~U ®1i tFjt~, the 0 day of June, 2005, before me a Notary Public, the undersigned officer, personally appeared Vincent J. Pinizzotto and Andra D. Pinizzotto known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. fir ~ftrie~~ ~hereaf, I have hereunto set my hand and official seal. My commission expires: NOTARIAL SEAL JOHN R. BEINHAUR, Notary Public Lower Paxton Twp., Aauphin County M Commission Expires March 13, 2007 ~.__ N T C I hereby certify that the precise address of the within Grantees is: 52 Windsor Way, Camp Hill, PA 17411. ,~. .~k" '~ ., r` ri t':f y, xt # 7, •~ t, - - .r .: •ri ~~~e~erland County Retorter of Ueeds Instrut~ert filins keteif•t~ 5[;2195 f rantee In~trU 2ty45-024943 7/13!?0~ Q9:24 Renar~~ COLO~iI?i!.lAllU '[AMii~ UEEA 11, I'~i:I~ - YkIT ! Certify this to be record d 1~EEI~ - ~T'T STATE ~~9. e Itl Cumberland County PA EAST RENt+~BAk4 EAST PEIIkSBQRQ TAR 1149. 1149. 2 ~ ° DEED - AfH i1. ;~ ~'~ C: v . ::1;. ' .1 CO Ii~P'~QVEiiEt~T FiiU 2. ` -, ~ : RtC. IM1PRUi{T tU11U a. ,;,~/ ~.. Gh?tk& 9424 5;:~8. --- Recorder of Deeds Ct~etE,~ 9022 32,~?9. C`t~etk~ 9023 ~2.2~9. 90UK ~ FIIG[4369 Taal Received....,.. I4~G'ab. ~~LED-OFFICE C T~~F P~O~~~0~3~'~~`~' 2I~ OCT 22 APB fD~ 0~ ~~~~~3B~~~~~ ,1~~~~ ~i~~'I'*?'~r, 3~' t'C331: LUCINDA K. BERRIOS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.09-4413 TY AARON BERRIOS, Defendant :DIVORCE PRAECIPE TO STRIKE LIS PENDENS TO THE PROTHONOTARY: Please mark stricken, dismissed and otherwise closed the Lis Pendens action filed by me on October 14, 2010 relative to real property located at 52 Windsor Way, Camp Hill, East Pennsboro Township, Cumberland County, Pennsylvania, further identified as Tax Parcel No.: 09-18-1304-187. Date: j ~ 0 Respectfully Submitted, Ty Aaro Berrios, ro Se tvberriosCa~sarint. blackberrt. net 2109 Cedar Run Drive, 301 Camp Hill, PA 17011 Telephone No. 717-648-0616 ~`S.oo I~GL ~~$ao77 LUCINDA K. BERRIOS, Plaintiff v. TY AARON BERRIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ;~ . ~ ....~ 4.J N0.09-4413 ~-~-, T. rn ~. ~' CIVIL ACTION -LAW {~ ~ q.._ ~_ IN DIVORCE ~~~ -' '`.i `. ~ ~ ~ Crab . µ~ ~._. .~ ~~W ~ ~ PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 2, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ b- ~~--j ~ Lucinda K. Berrios, Plaintiff ~~ ~~`~ ..,.~ ~"' ::~, ~ ~~ .. ~ '~i° .~ .~.3 '. ~.S Tom..? "~ , t ,, v ~~ ~ t'~ "^dh LUCINDA K. BERRIOS, : IN THE COURT OF COMMON PI,~~ `~ ' ~' Plaintiff :CUMBERLAND COUNTY, PENN~,V AINIA ~+~ v, : N0.09-4413 x.y c--~ ~ t' `g -~ ` ~ ;' TY AARON BERRIOS, :CIVIL ACTION -LAW ~~; r~ Defendant : IN DIVORCE `~ --~` PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 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, lawyers' fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: I ~ ' ~ a -1 O , `~~ i ~ Lucinda K. Berrios LUCINDA K. BERRIOS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.09-4413 TY AARON BERRIOS, :CIVIL ACTION -LAW y' ~° Defendant : IN DIVORCE °~~~-= ~ ~ ! ~~m ~ ~ `~ , .~~ -~~ ~. ~, ~:: -~, ~k ~ ._.~ DEFENDANT' S AFFIDAVIT OF CONSENT , :.. ~~ ~ ~ ._ ,_-~_. ~. ~.~' _r~- ~~? ~ ~ r.~, ~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fil ed on ~~` July 2, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: `~ ^ ''a0 ~b Ty Aaron Berrios, Defendant LUCINDA K. BERRIOS, Plaintiff v. TY AARON BERRIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.09-4413 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S 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, lawyers' fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that °:r . . I'4 false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, ng ~. f'i'g ~, =a~j 4~ unsworn falsification to authorities. f~'>'~`~~ ~ € -'' ~.~ a ~ ~' °~ ~ ~~~ . =a .. ~~ '' ~r , ~., :.tea Date: (() -2Z-- ~ ~ 6 Ty Aaron Berrios FILED-OFFICE OF THE PROTHONOTARY' Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merb@dplglaw.com LUCINDA K. BERRIOS, Plaintiff V. TY AARON BERRIOS, Defendant 2010 NOV 17 AM 10: 45 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON : PLEAS CUMBERLAND COUNTY : PENNSYLVANIA : NO.: 09-4413 : CIVIL ACTION - LAW : IN DIVORCE MOTION TO VACATE APPOINTMENT OF DIVORCE MASTER AND NOW, comes Plaintiff, Lucinda K. Berrios, by and through her attorney Melanie L. Erb, Esquire and Dethlefs-Pykosh Law Group, LLC brings this Motion to Vacate Appointment of Divorce Master and avers as follows: 1. Plaintiff is Lucinda K. Berrios, an adult individual, currently residing at 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Ty Aaron Berrios, an adult individual, currently residing at 2109 Cedar Run Drive 301, Camp Hill, Cumberland County, Pennsylvania 17011. 3. A Divorce action was instituted in this matter on July 2, 2009 at docket number 09-4413 in the Court of Common Pleas of Cumberland County, Pennsylvania. 4. A Motion to Appoint Divorce Master was filed in this matter on March 22, 2010. 5. All economic matters in this case have been resolved pursuant to the parties Post-Nuptial Addendum to Pre-Nuptial Agreement dated on October 22, 2010, copies of which have been filed with the Prothonotary. 6. Further, the parties have both executed Affidavit of Consents and Waiver of Notices Intention to Seek Entry of a Divorce Decree, which have been filed with the Prothonotary. 7. Plaintiff s counsel is prepared to file a Praecipe to Transmit Record to finalize the Divorce. WHEREFORE, Plaintiff, respectfully requests that the Motion to Appoint Divorce Master is herby vacated. Attorney W. No. 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Respectfully Submitted, POST-NUPTIAL ADDENDUM TO PRE-NUPTIAL AGREEMENT THIS AGREEMENT, made this a 9 day of (?) C-? , 2010, by and between, LUCINDA K. BERRIOS ("Wife"), and TY AARON BERRIOS ("Husband"). WITNESSESTH: WHEREAS, Lucinda K. Berrios, an adult married individual, currently resides at 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania 17011. WHEREAS, Ty Aaron Berrios, an adult married individual, currently resides at 2109 Cedar Run Drive 301, Camp Hill, Cumberland County, Pennsylvania 17011. WHEREAS, the parties hereto are Husband and Wife, having been married on June 10, 2006, in Camp Hill, Cumberland County, Pennsylvania. WHEREAS, the parties hereto entered into a Prenuptial Agreement on June 9, 2006 setting forth the rights and obligations of each party in the event of their divorce. WHEREAS, the parties have decided to divorce and a divorce action was filed at Docket No. 09-4413 in the Cumberland County Court of Common Pleas. WHEREAS, by Order dated July 12, 2010, The Honorable President Judge Kevin A. Hess, Cumberland County Court of Common Pleas, found that the Prenuptial Agreement of the Parties is valid and enforceable. WHEREAS, Husband has filed a Lis Pendens action to delay and/or prevent the sale of Wife's real property NOW THEREFORE, in consideration for the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: 1. Husband shall immediately withdraw the Lis Pendens action, thereby ending all current litigation and agrees to not initiate future litigation in this matter. 2. Wife shall pay Husband $5,000.00 within sixty (60) days of the signing of this Agreement. 3. Husband and Wife agree that the Prenuptial Agreement remains valid and is enforceable. 4. The parties agree to execute Affidavits of Consent and Waivers of Notice contemporaneously with the signing of this Agreement to finalize the divorce matter. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below: L -A 111L 111-71 W PM 1 , o n ,1 kio?-- LUCINDA K. BERRIOS DATE ?L) -able WITNESS TY AARON BERMS DATE Nov 18 znlo LUCINDA K. BERRIOS, : IN THE COURT OF COMMON Plaintiff : PLEAS CUMBERLAND COUNTY : PENNSYLVANIA V. NO.: 09-4413 TY AARON BERRIOS, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this y 9' day of Ahv4"V- , 2010, the economic claims raised in the proceedings having been resolved in accordance with a Prenuptial Agreement dated June 9, 2006 and Post-Nuptial Addendum to Pre-Nuptial Agreement dated October 22, 2010, the appointment of the Master is vacated and counsel can file a Praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Ty Aaron Berrios Pro Se elanie L. Erb, Esquire c-? Attorney for Plaintiff -? +' ' - rn 2 I `a -0 -n ? C) n? ?? rn D BY THE COURT, Melanie L. Erb Attorney for Plaintiff 2132 Market Street Camp Hill, PA 17011 merb@dplglaw.com 717-975-9446 LUCINDA K. BERRIOS, Plaintiff V. TY AARON BERRIOS, Defendant OF THE PROTHONOTARY 2010 DEC -I PM 1: 17 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA NO.: 09-4413 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (x) 3301 C ( ) 3301 D of the Divorce Code. 2. Date and manner of service of the complaint: Proof of Service filed on July 3, 2009. 3. Date of execution of the affidavit of consent required by Section 3301 (C) of the divorce code: By plaintiff October 22, 2010; by defendant October 22, 2010. 4. Related claims pending: All economic claims have been settled by written Prenuptial agreement dated June 9, 2006 and Post-nuptial Addendum to Prenuptial Agreement dated October 22, 2010. The terms and conditions of these Agreements filed in this matter shall be incorporated into but shall not be merged into this Decree. 5. Plaintiffs Waiver of Notice in § 3301 (c) Divorce was filed on November 1, 2010. 6. Defendant's Waiver of Notice in § 3301 (c) Divorce was filed on November 1, 2010. Respectfully Submitted, sq e Mel i . Er A/ Attorne Ident fication No. 84445 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff Lucinda K. Berrios IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Ty Aaron Berrios . NO. 09-4413 DIVORCE DECREE AND NOW, ?_ ?- too it is ordered and decreed that Lucinda K. Berrios plaintiff, and Ty Aaron Berrios 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.") None. By the Court, Attes Prothonotary . LYc?Gv a&& eo?Y - R 4? tv -9 enju b4 : IN THE COURT of COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS Plaintiff V. TY AARON BERRIOS Defendant No. 09-4413 C) " I-Tj x M, Y-? r-.7 c° M --? ca : CIVIL ACTION -LAW : DIVORCE PETITION FOR SPECIAL RELIEF O z, rv ?a 1. The Petitioner is Ty Aaron Berrios, an adult individual residing at 2109 Cedar Run Drive Apt 301, Camp Hill, PA 17011 hereinafter referred to as Husband. 2. The Respondent is Lucinda K. Berrios, an adult individual residing at unknown address hereinafter referred to as Wife. 3. A divorce complaint was filed by Wife on July 2, 2009. 4. On October 22, 2010 both husband and wife entered into a Post-Nuptial Addendum to Pre- Nuptial Agreement, which is marked as exhibit "A". 5. The above mentioned agreement states that the wife will pay the husband a sum of $5000.00 with in 60 days of the signing of the agreement. As of January 10, 2011 no funds have been paid to husband after several attempts to contact the respondents self and attorney. 6. A Divorce Decree was granted by this Honorable court on December 7, 2010. WHEREFORE, Husband requests this Honorable Court grant him all of the equitable relief deemed appropriate including but not limited to: 1. Order Wife to immediately pay Husband the amount of $5000.00. Respectfully Submitted, Ty Aaron Berrios, Defendant 2109 Cedar Run Drive, Apt 301 Camp Hill, Pa 17011 Phone: 717-648-0616 POST-NUPTIAL ADDENDUM TO PRENUPTIAL AGREEMENT THIS AGREEMENT, made this a a day of b CA D bp,r , 2010, by and between, LUCINDA K. BERRIOS ("Wife'), and TY AARON BERRIOS ("Husband"). WPIWMESTH: WHEREAS, Lucinda K. Berrios, an adult married individual, currently resides at 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania 17011. WHEREAS, Ty Aaron Berrios, an adult married individual, currently resides at 2109 Cedar Run Drive 301, Camp Hill, Cumberland County, Pennsylvania 17011. WHEREAS, the parties hereto are Husband and Wife, having been married on June 10, 2006, in Camp Hill, Cumberland County, Pennsylvania. WHEREAS, the parties hereto entered into a Prenuptial Agreement on June 9, 2006 setting forth the rights and obligations of each party in the event of their divorce. WHEREAS, the parties have decided to divorce and a divorce action was filed at Docket No. 09-4413 in the Cumberland County Court of Common Pleas. WHEREAS, by Order dated July 12, 2010, The Honorable President Judge Kevin A. Hess, Cumberland County Court of Common Pleas, found that the prenuptial Agreement of the Parties is valid and enforceable. WHEREAS, Husband has filed a Lis Pendens action to delay and/or prevent the sale of Wife's real property. NOW THEREFORE, in consideration for the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: I . Husband shall immediately withdraw the Lis Pendens action, thereby ending all current litigation and agrees to not initiate future litigation in this matter. 2. Wife shalt pay Husband $5,000.00 within sixty (60) days of the signing of this Agreement. 3. Husband and Wife agree that the Prenuptial Agreement remains valid and is enforceable. 4. The parties agree to execute Affidavits of Consent and Waivers of Notice contemporaneously with the signing of this Agreement to finalize the divorce matter. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below: (-" , S 1, on Ile. LUCINDA K. BERMS 4 D WITNESS '-X ?Vataj?? TY AARON BERMS 10, DATE IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LUCINDA K. BERRIOS Plaintiff, -VS- TY AARON BERRIOS Defendant. No. 09-4413 AFFIDAVIT OF SERVICE I, TY AARON BERRIOS hereby verify that on the 10'' day of January 2010, I served the Defendant with a true and correct copy of the Petition for Special Relief by one of the following methods: CHECK ONE 1 • (___) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the day of , 20 - The return receipt signed by the Defendant is attached hereto. 2. () The Defendant was personally served with a true and correct copy of the above pleading by hand-delivering the same to the Defendant. Personal service was made at the following location: % 3 ")L-- m4..,riSy (*I Mik ?A , on the 6 day of 20 It at 3 w o'clock _f _m. by (constable)(individual). I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.§4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: 10 1 z o 11 SIGNA RE OF PERSON MAKING SER : IN THE COURT of COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K BERRIOS Plaintiff Cam.-- ? -ri -0= .._ .1 a :rn sn. rn . (,jr- _ N __1, p V. : No. 09-4413 r . co o CD C ' _ CD TY AARON BERRIOS : CIVIL ACTION - LAW Defendant : DIVORCE ANSWER TO PETITION FOR SPECIAL RELIEF 1. Agreed. 2. Agreed. 3. Agreed. 4. Denied. Defendant filed a Praecipe for Lis Pendens (Exhibit "A") on October 14, 2010. The Honorable Judge Hess ruled on March 23rd, 2010 that both parties cooperate in the sale of the property (Exhibit "B"). Additionally, according to the couple's Pre-Nuptual agreement (Exhibit "C"), 52 Windsor Way was property of the Plaintiff. The Honorable Judge Hess ruled on July 12`h, 2010 that the couple's Pre-Nuptual agreement was valid and enforceable (marked exhibit "D"). As well, 52 Windsor Way had been on the market for several months. If the Defendant felt he truly had a claim to the property, he should have filed the Lis Pendens months earlier. Defendant filed the Lis Pendens when 52 Windsor Way was under contract and did so to black-mail Plaintiff into agreeing to sign the Post-Nuptual agreement. Plaintiff had to sign Post-Nuptual agreement as property was being sold the same day (October 22', 2010). 5. Denied. As listed above, Plaintiff was black-mailed into signing the Post-Nuptual agreement. Additionally, Plaintiff had to pay over $2,400 to have house sold. Plaintiff also does not have money to pay Defendant. Defendant never tried to contact Plaintiff about Post-Nuptual agreement. 6. Agreed. WHEREFORE, Plaintiff beseeches the court to rule that Plaintiff does not owe Defendant $5,000. Respectfully, tKkQ-t, ?,? Q4,Lt?_, Lucinda Berrios r N" r\ (h LUCINDA K. BERRIOS Plaintiff, VS. TY AARON BERRIOS Defendant. To the Prothonotary: C7 ? N v 2 '1 : CUMBERLAND COUNTY CD o COURT OF COMMON PLEAS Z -+ rn . D ce C- i -x --Io D -? = ca No. 094413 4 NO D _< Divorce PRAECIPE FOR LIS PENDENS Please index the above-captioned matter as a Lis Pendens against the following real property: 52 Windsor Way, Camp Hill, PA 17011 East Pennsboro Township, Cumberland County, Pennsylvania Tax Parcel No.: 09-18-1304-187 See legal description attached hereto and incorporated herein by reference. I hereby certify that this action affects title to or other interest in the above- described real property. By: C? X Ty Aaron Berrios, Pro Se Tyberrios@sprint.blackberry.net 2109 Cedar Run Drive 301 Camp Hill, PA 17011 Telephone No. 717-648-0616 Date: ) A gUto' LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09-4413 CIVIL TY AARON BERRIOS, Defendant IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION ORDER AND NOW, this 7.ivo day of March, 2010, in consideration of the within petition and • the answer filed thereto, our order of January 28, 2010, is amended to permit the listing of the marital residence for sale with Greg Rothman of RSR Realty to continue with the understanding that both parties will fully cooperate in the listing, showing and possible sale of the property. Cara Boyanowski, Esquire For the Plaintiff Ty Aaron Berrios, Pro Se Defendant :rlm BY THE COURT, Kevin . Hess, P. J. -1 ?J *s C. Q PRENUPTIAL AGREEMENT THIS AGREEMENT,made and entered into this I- day of :CaQ 12006, by and r between Lucinda K. Zamirof 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania, 17011 (herein referred to as "Prospective Wife") and Ty A. Berrios of 52 Windsor Way, Camp Hill, Cumberland County, Pennsylvania, 17011 (herein referred to as "Prospective Husband"). RECITALS WHEREAS, Prospective Wife and Prospective Husband intend to be married, and in consideration oftheir mutual covenants and promises contained in this Agreement, each desires to release all estate, marital and community property rights to the property and estate of the other now and hereafter. WHEREAS, the parties are anticipating marriage to each other; WHEREAS, in anticipation of their intended marriage, the parties desire to express in writing their agreement that, except as may be hereinafter specifically provided, their marriage shall not in any way change their existing rights or the rights of others who may be their heirs, next of kin, devisees, legatees, beneficiaries or appointees in the property, real and personal, wherever in the world located, now owned or controlled or hereafter acquired or controlled by each of the parties; WHEREAS, the parties believe that unfortunate disputes and misunderstandings can be avoided by settling now their respective rights in the unlikely event their marriage should terminate in divorce; WHEREAS, the parties have famished to each other fill and fair financial disclosures, receipt of which the parties hereby acknowledge and copies ofwhich are attached hereto asExhibits "A" and "B" specifically incorporated herein by reference; WHEREAS, Prospective Wife and Prospective Husband have each, at one point in time prior hereto, utilized the legal services of and counsel of John R. Beinhaur, Esquire, BEINHAUR & CURCILLO, 3964 Lexington Street, Harrisburg, Pennsylvania, 17109. Each party has requested that said counsel prepare this Agreement and each party acknowledges disclosure ofthepotential conflict of interest created by this arrangement, each knowingly and voluntarily waives such conflict, and each requests that such Agreement be prepared and further acknowledge that each has had the opportunity to consult with another independent attorney and has either done so or knowingly, voluntarily and with free will, waives the right to do so. Each party, by signing this Agreement understands that such signing does affect his or her economic rights following their marriage. With such understanding, they enter into this Agreement fully informed. WITNESSETH NOW, THEREFORE for the foregoing reasons, and intending to be legally bound, and in consideration of the mutual covenants and promises herein set forth, as well asOne ($1.00) Dollar and other valuable consideration, Prospective Wife and Prospective Husband incorporate the above Recital by reference into this Agreement and make it a part hereof and do hereby further agree as follows: 1. SEPARATE PROPERTY/CONTROL AND NO COMPENSATION: Each of the parties hereto shall have full power and separate control of her or his property, both real and personal, which such property shall be titled or held individually in his or her name alone, to lease, to sell or dispose of the same and receive all moneys, rents, issues and profits thereof, without claim by or interference from the other at any time during their lifetime. Each of the parties agrees that under no circumstances shall either party owe the other any compensation whatsoever regarding (a) the property of the other party, real and personal, wherever in the world located, owned or controlled by him or her, acquired before or after the marriage of the parties, by any means, from any source, whether with or without consideration, (b) the income or increase in value of such property, (c) the wages, professional fees or earnings of the other party, (d) any rights or benefits of the other party unless otherwise designated in writing, (e) any rights or benefits of the other party under any pension, profit-sharing, employee benefit or retirement plan unless designated as a beneficiary thereon. 2. SEPARATE PROPERTY: Any property, either real or personal acquired before marriage by either prospective spouse and placed in the name of that spouse alone, or the proceeds and assets traceable to such property remaining in the name of the original spouse as owner shall be that spouse's separate property and may be disposed of by that spouse, without any claim being made by the other prospective spouse, as more specifically stated in Paragraphs 6, 7, and 11 herein. The parties have included a full and fair inventory of such Property attached hereto as Exhibits "All and "B" and incorporated herein by reference. 3. VOLUNTARY ACTION: Neither prospective spouse shall be precluded by the terms of this Agreement from making any gifts of property, either real or personal, to the other prospective spouse after the marriage of the parties; however, no gifts, bequests, or devises have been promised or agreed upon by the parties hereto. 4. NO CHILDREN OR PRIOR MARRIAGE: Both parties acknowledge that they have no children and no prior marriages. Both parties hereby indemnify each other from any claims by any potential children, not the result of this marriage, against the other, such potential children being not intended to benefit by this marriage. 5. DISCLOSURE: Each of the parties have made a full disclosure to the other party of all property owned or otherwise held by the respective party, which disclosures are attached hereto as Exhibits "A" and "B." 6. ESTATE RIGHTS OF PROSPECTIVE HUSBAND AND PROSPECTIVE WIFE Jn consideration that Prospective Wife and Prospective Husband shall marry, the parties agree that each shall be permitted to inherit from the other pursuant to the laws and Statues of the Commonwealth of Pennsylvania, or by any other state in which they might be domiciled at the time ofher death. This shall include any separately owned property of either spouse unless same is designated otherwise by Last Will and Testament and in such event, the surviving spouse shall not file a contest as to such designation. 7. JOINT PROPERTY: Any provision herein to the contrary notwithstanding, any property hereafter held by the parties as j oint tenants with the right of survivorship, or tenants by the entireties, shall vest in the Surviving spouse upon the death of the other, free and clear of any claims by the heirs or estate of the deceased. Such property shall be evidenced only in writing and may not be claimed as an oral agreement. 8. WILLS: Notwithstanding Paragraph 6 above, both prospective spouses shall, within a reasonable period after the execution of this Agreement, execute their respective Wills, which shall contain a provision that in that event they should die in a j oint accident or disaster, or within thirty (3 0) days of each other, all jointly held property shall be distributed in accordance with the Pennsylvania Probate, Estates and Fiduciaries Code, Section 8503, so that one-half of all joint property shall pass through the estate of each spouse. Neither spouse shall, during the life of this Agreement, modify or revoke their Wills so as to affect this provision of this Agreement, except by mutual consent in writing. 9. DEBT INDEMNIFICATION: Each party hereby indemnifies the other, and her or his respective estate, from all debts, past, present or future, incurred by her or him; it being the intention of the parties that each party shall now and hereafter be responsible for his or her own debts excepting only those which the parties voluntarily jointly incur. 10. LIFE INSURANCE PROTECTION FOR PARTIES: The parties have elected that they may apply for and obtain such insurance at any future time, but shall be under no obligation to do so. 11. DIVORCE: In the event either of the parties at any time after the date of the marriage find that he or she is unable or unwilling to continue the marriage arrangement for purposes of irretrievable breakdown of the marriage, filed on an amicable basis, then the parties agree that all jointly held property or entireties property shall be distributed equally between the parties without regard to any applicable divorce statute and each party shall retain their individual property titled or held individually without regard to any applicable divorce statute. The only exception shall be that Prospective Wife shall retain her j ewelry whenever acquired and her family china. In the event either of the parties at any time after the date of the marriage find that he or she is unable or unwilling to continue the marriage arrangement for purposes of infidelity proven by the other spouse, such infidelity defined as a relationship of a sexual nature with a party outside the marriage, then the parties agree that all jointly held property or entireties property shall become the sole property of the innocent and injured spouse without regard to any applicable divorce statute and each party shall retain their individual property titled or held individually without regard to any applicable divorce statute. The only exception shall be that Prospective Wife shall retain her j ewelry whenever acquired and her family china. 12. SPOUSAL SUPPORT: Neither party shall be required to pay any claim for spousal support, alimony, alimony penedente lite, or other support incidental to the marriage relationship in this or in any other jurisdiction, under any statute, divorce or otherwise then in existence, unless such parties shall agree otherwise in writing. 13. WAIVER AND RELEASE OF STATUTORY RIGHTS: The remedies contained in the Pennsylvania Divorce Code, as amended from time to time, including but not limited to equitable distribution, or any successor legal concept ofproperty division, and alimony, alimony pendente lite, counsel fees and expenses, as passed in the Commonwealth of Pennsylvania, or any other jurisdiction, now or in the future, as well as any community property laws presently in existence or to be passed in any jurisdiction at some time in the future, shall be totally inapplicable and unavailable to the parties, and the rights created by such laws, set forth in this paragraph, are hereby waived and released by both parties, regardless of circumstances. To these ends, each party hereby agrees to indemnify, defend and hold the other harmless from application of such laws and remedies in the event for whatever reason said other party is compelled to pay money, transfer or assign real or personal property, or other individually held or pre-marital assets as a result of the application of equitable distribution, alimony, support, alimony pendente lite, counsel fees or costs or under the community property laws of any jurisdiction. This indemnification shall include the right to reimbursement for actual attorney's fees incurred to defend against such a claim. 14. FURTHER DOCUMENTS AND VALIDITY: Prospective Wife and Prospective Husband shall execute and deliver any other instruments or documents necessary or convenient to give effect to the provisions of this Agreement now or in the future. If any term, condition, clause of provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. In the event of such invalidity, as stated above, Prospective Wife and Prospective Husband shall take whatever action is deemed necessary to validate and bring the terms of this Agreement within the law, keeping in mind as paramount the intent of the parties as expressed and implied throughout this Prenuptial Agreement. 15. EFFECTIVE ON MARRIAGE: This Agreement shall become effective upon the solemnization of the marriage between Prospective Wife and Prospective Husband, and shall be null and void if the proposed marriage fails to occur for any reason except annulment. 16. MODIFICATION: This Agreement may be modified, amended or rescinded at any time after the solemnization of the marriage by subsequent voluntary written agreement between Prospective Wife and Prospective Husband except neither may do so by power of attorney even if such may be authorized therein. 17. ENTIRE UNDERSTANDING: The provisions contained in this Agreement represent the entire understanding between Prospective Wife and Prospective Husband pertaining to their respective property and marital property rights, and all prior discussions and agreements shall merge herein. 18. REPRESENTATION: Prospective Wife and Prospective Husband stipulate that they and each of them have had the opportunity to be represented by legal counsel of their choice in the preparation of this Agreement; that they have read this Agreement; that they fully understand the terms, provisions and legal consequences ofthis Agreement; and that they have each executed this Agreement freely, knowingly, voluntarily and in the absence of coercion and duress. 19. EXPRESS INTENT: It is the intent of the parties hereto with respect to assets titled in the name or held solely by one of the parties, whether acquired prior to or after marriage, that disposition under any and all circumstances shall be governed solely by the voluntary desires of the titled party or party in possession, with current or future marital or estate laws in any jurisdiction having no effect of any kind on such disposition. 20. PRIOR UNDERSTANDING: The parties acknowledge that no prior understanding contrary to the intent and terms of this Agreement exists. 21. INTERPRETATION: This Agreement shall be enforced and interpreted according to the laws of the Commonwealth of Pennsylvania, and shall be binding on their heirs, executors, administrators and assigns. However, the terms ofthis Agreement shall take precedence over any contrary statutory or common law interpretation. 22. DESCRIPTIVE PARAGRAPH HEADINGS: The descriptive paragraphheadings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: ?A \ v? Lucinda K. Zamir ?? Q I Ty A. Berrios DISCLOSURE OF RIGHTS WAIVED It is understood that we have and are waiving by our Prenuptial Agreement the following rights to the event of a death or divorce between us: a. Distribution of Property: The Court may fairly distribute all of the property acquired by us during the marriage (marital property) in addition to any interest we may have acquired in any non-marital property; i.e., although personal gifts, inheritances and premarital property remains non-marital property belonging to one of us, the increase in value of non-marital property is subject to division by the Court. This property may be distributed without regard to marital misconduct, in any proportion the Court deems fair and just under the circumstances existing during our marriage and as they would exist after our divorce. b. Alimony: After divorce, the Court may require one of us to pay support (referred to as "alimony" after divorce) to the other in such amount and for such duration as the Court would deem appropriate, based on our circumstances at the time, including marital misconduct. c. Spousal Support: The Court may require one of us to pay spousal support to the other, upon our separation, before a divorce. d. Alimony Pendente lite: The Court may require one of us to pay alimony pendente lite, i.e., support pending the divorce, to the other during the course of any divorce proceedings. This sum enables a spouse to sustain the overall financial burden involved in a divorce, and may be awarded during marriage, in addition to any other relief, including support. e. Counsel Fees and Expenses: The Court may require one of us to pay all, or a portion of the other's counsel fees and expenses incurred as a result of any divorce action brought by either of us. WE BOTH HAVE READ AND FULLY UNDERSTAND THE LANGUAGE SET FORTH ABOVE AND THE RIGHTS WE HAVE WAIVED. WE FURTHER UNDERSTAND THAT WE ARE ENTITLED TO HAVE SUCH RIGHTS FULLY EXPLAINED TO US BY AN ATTORNEY OF OUR CHOICE. KNOWING THIS, WE HAVE WITHOUT ANY COERCION OR DURESS, CHOSEN TO EXECUTE THE PRENUPTIAL AGREEMENT. Lucinda K. Zamir WITNESS Ty A. Berrios COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS: On this, the I day of 2006, before me, the undersigned officer, personally appeared Lucinda K. Zamir, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL JOHN R. BEINHAUR, Notary Public Lower Paxton Twp., Dauphin County Commission Expires March 13, 2007 ?.M ?_ No ary Public COMMONWEALTH OF PENNSYLVANIA --)W? COUNTY OF 1 : SS: On this, the -3- day of ., /frttit_ , 2006, before me, the undersigned officer, personally appeared Ty A. Berrios, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL JOHN R. BEINHAUR, Notary Public tary Public Lower Paxton Twp., Dauphin County w_My Commission Expires March 13, 2007 EXHIBIT "A" PROSPECTIVE WIFE'S DISCLOSURE 19 ?lq ?. Jee Vro,n3 Cherokees l. a . yo K ?- a? , o O e , oo txal.t_? X40 ? ti ? a ,3? o0 ?,P u ;? EXHIBIT "B" PROSPECTIVE HUSBAND'S DISCLOSURE ACC ?G C4ev.?i N C RCGr? ?SC)o V? v m T ?? ; ??? s1 OL ?? \\ 0, 1 • LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09-4413 CIVIL TY AARON BERRIOS, Defendant IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF WITH RESPECT TO THE PRENUPTIAL AGREEMENT OF THE PARTIES ORDER AND NOW, this *Z , day of July, 2010, after hearing, the Court finds and declares r that the Prenuptial Agreement of the parties entered into on June 9, 2006, is valid and enforceable. BY THE COURT, Kevin Al Hess, P. J. Lucinda K. Berrios, Pro Se Plaintiff Ty Aaron Berrios, Pro Se Defendant rlm Ell, FILED-OFFICE rte THE FR OTHCHOTAR.Y Ty A. Berrios 2109 Cedar Run Drive Unit 301 Camp Hill, PA 17011 (717)648-0616 L ^011 FEB -7 P 1: 15 CUMBERLAND COUNTY PENNSYLVANIA LUCINDA K. BERRIOS, Plaintiff/Respondent Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TY A. BERRIOS, Defendant/Petitioner NO:. 09-4413 MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES, Ty A. Berrios, the Defendant in the above captioned matter, who requests this Honorable Court to make its Rule of January 12, 2011 absolute and in support thereof respectfully avers as follows: 1. On or about January 10, 2011, Movant herein, Ty A. Berrios, pro se, filed a Petition for Special Relief. 2. The aforementioned Petition was sent to opposing counsel, Melanie L. Erb Esq, on January 10, 2011, as established in a Certificate of Service previously filed of record. 3. The aforementioned Petition was sent to Plaintiff, Lucinda K. Berrios on January 10, 2011 as is established in a Certificate of Service previously filed of record. 4. On or about Januaryl2, 2011, the Honorable Kevin A. Hess issued a Rule relative to the aforementioned Petition which was returnable December February 2, 2011. 5. The aforementioned Rule was sent to legal counsel for Plaintiff on January 13, 2011 as is established in a Certificate of Service previously filed of record. 6. The aforementioned Rule was sent to Defendant on January 13, 2011, as is established in a Certificate of Service previously filed of record. 7. To date, opposing counsel has not filed an Answer to said Petition. 8. On January 28, 2011 the Plaintiff filed a response to said Petition. Said response is inaccurate, inappropriate, scandalous, and does not constitute an Answer under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Movant, Ty A. Berrios, pro se, respectfully requests that this Honorable Court make its Rule of January 12, 2011 absolute and Order the Plaintiff to pay the Defendant the sum of $5000.00 with in 10 days of service of said order. Respectfully submitted, Ty A. Berrios, pro se 2109 Cedar Run Drive, Unit 301 Camp Hill, PA 17011 Telephone (717) 648-0616 I I N? hx ( : IN THE COURT of COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K. BERRIOS Plaintiff No. 094413 V. .m ' ?F : CIVIL ACTION - LAW cn?r- ?Q : DIVORCE --<> TV AARON BERRIOS {= -? C-3 -n Defendant ;•> r' r -_?- N ^?ft1 PETITION FOR SPECIAL RELIEF 1. The Petitioner is Ty Aaron Berrios, an adult individual residing at 2109 Cedar Run Drive Apt 301, Camp Hill, PA 17011 hereinafter referred to as Husband. 2. The Respondent is Lucinda K. Berrios, an adult individual residing at unknown address hereinafter referred to as Wife. 3. A divorce complaint was filed by Wife on July 2, 2009. 4. On October 22, 2010 both husband and wife entered into a Post-Nuptial Addendum to Pre- Nuptial Agreement, which is marked as exhibit "A". 5. The above mentioned agreement states that the wife will pay the husband a sum of $5000.00 with in 60 days of the signing of the agreement. As of January 10, 2011 no funds have been paid to husband after several attempts to contact the respondents self and attorney. 6. A Divorce Decree was granted by this Honorable court on December 7, 2010. WHEREFORE, Husband requests this Honorable Court grant him all of the equitable relief deemed appropriate including but not limited to: 1. Order Wife to immediately pay Husband the amount of $5000.00. Respectfully Submitted, % k "\-1 ? ? - Ty Aaron Berrios, Defendant 2109 Cedar Run Drive, Apt 301 Camp Hill, Pa 17011 Phone: 717-648-0616 : IN THE COURT of COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LUCINDA K BERRIOS Plaintiff --n MW ;em a =.n x ?O ? D' N co ° ' V. : No. 09-4413 r •: 4 (r) " Z ?7 . C) C- 77 , C.Dr n TY AARON BERRIOS : CIVIL ACTION - LAW '" •` -G Defendant : DIVORCE 1. Agreed. 2. Agreed. 3. Agreed. 4. Denied. Defendant filed a Praeclpe for Us Pendens (Exhibit "A") on October 14, 2010. The Honorable Judge Hess ruled on March 23nd, 2010 that both parties cooperate in the sale of the property (Exhibit "B"). Additionally, according to the couple's Pre-Nuptual agreement (Exhibit "CO), 52 Windsor Way was property of the Plaintiff. The Honorable Judge Hess ruled on July le, 2010 that the couple's Pre-Nuptual agreement was valid and enforceable (marked exhibit 'D"). As well, 52 Windsor Way had been on the market for several months. If the Defendant fait he truly had a claim to the property, he should have filed the Us Pendens months earlier. Defendant filed the Us Pendens when 52 Windsor Way was under contract and did so to black-mail Plaintiff into agreeing to sign the Post-Nuptual agreement. Plaintiff had to sign Post-Nuptual agreement as property was being sold the same day (October 22nd, 2010). 5. Denied. As listed above, Plaintiff was black-mailed into signing the Post-Nuptual agreement. Additionally, Plaintiff had to pay over $2,400 to have house sold. Plaintiff also does not have money to pay Defendant. Defendant never tried to contact Plaintiff about Post-Nuptual agreement. 6. Agreed. WHEREFORE, Plaintiff beseeches the court to rule that Plaintiff does not owe Defendant $5,000. Respectfully, tXk'QX' ?'? Q4',A"" Lucinda Berrioss LUCINDA K. BERRIOS, Plaintiff/Respondent Vs. TY A. BERRIOS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO:. 09-4413 VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: a, ? 31 ,, (( TY AARON BERRIOS LUCINDA K. BERRIOS, Plaintiff VS. TY AARON BERRIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-4413 CIVIL IN DIVORCE IN RE: DEFENDANT'S MOTION FOR SPECIAL RELIEF ORDER AND NOW, this day of February, 2011, a brief hearing on the defendant's motion for special relief is set for Friday, April 1, 2011, at 11:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin . 'Hess, P. J. i B P S i d i 2 a Zam r- err os, ro e Luc n -- n Plaintiff M M 'VI rn o r F -0 ?Ty Aaron Berrios Pro Se c w M , 2109 Cedar Run Drive, Apt. 301 -; 320 : -T, .? Camp Hill, PA 17011 Ma; i e Defendant aj939 C % = • • r 1 rlm `? 014 Melanie L. Erb IN THE COURT OF COMMON PLEAS OF C(Aq? Der\a^z\ PENNSYLVANIA. CIVIL DIVISION " S Plaintiff File No. G ©1 ' ?? C , U L Vs. IN DIVORCE c ti c --7 nc a` r*t? Defendant n ::0 1 -.,5o ° r- z PRIOR SURNAME NOTICE TO RESUME a Notice is hereby given that the 5& Plaintiff El Defendant in the above matter, J>c ?n [Select one of the following] -? o --a ?r? ck ?ta"r ? ? ? prior to the entry of a Final Decree in Divorce, ?p 411 . 4Ls A or after the entry of a Final Decree in Divorce dated c t,r? +h a 0" I O 12 s7 3 4, i hereby elects to resume the prior surname of Zd m ?? and gives this ' written notice avowing his/her intention pursuant to the provisio of 54 P.S. § 704. Date: 'A _ 1 0? d 1 ?1.?Ll.dS? Signature All Signature of name bein resumed COMMONWEALTH OF PENNSYLVANIA } SS. COUNTY OF C col.ti b Zr / w n J ) On the 1 54 day of Xrrt-( , -U / 1 , before me, the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. a // JNLUN Pro onotary or Notary P c Proth. - 61 (Rev. 4101) LUCINDA K. BERRIOS, IN THE COURT OF COMMON PLEAS OFn Plaintiff CUMBERLAND COUNTY, PENNSYLVA739 v vs. CIVIL ACTION - LAW co NO. 09-4413 CIVIL =(7J TY AARON BERRIOS, '= = Defendant IN DIVORCE IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER AND NOW, this day of April, 2011, following hearing, the petition of the f"'w `*1 -n ;-n -- r?-a defendant for special relief is GRANTED. The agreement of the parties entered into on or about October 22, 2010, that the plaintiff would pay to the defendant the sum of $5,000.00 is herewith made an order of court. It appearing that the sum due has not been paid as agreed, judgment is entered in favor of the defendant, Ty Aaron Berrios, and against the plaintiff, Lucinda K. Berrios, in the amount of $5,000.00. BY THE COURT, Kevin Ae ess. P. J. Lucinda Zamir-Berrios, Pro Se Plaintiff Ty Aaron Berrios, Pro Se 6 2109 Cedar Run Drive, Apt. 301 41,81 Camp Hill, PA 17011 Defendant rlm LUCINDA K. BERRIOS, Plaintiff vs. TY AARON BERRIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-4413 CIVIL : IN DIVORCE IN RE: DEFENDANT'S PETITION FOR CONTEMPT ORDER AND NOW, this day of June, 2011, it appearing that judgment has been entered in favor of the captioned defendant and that, upon entry of the judgment, execution of the judgment may be had through the office of the Sheriff, his petition for contempt is DENIED. BY THE COURT, Kevin . Hess, P. J. /Lucinda Zamir-Berrios, Pro Se Plaintiff Ty Aaron Berrios, Pro Se Tom? .. .i 2109 Cedar Run Drive, Apt. 301 rr, ,i-z-? Camp Hill, PA 17011 Defendant -. r :rlm C ?P<<S q 1xCd 6/7//! rc? A