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HomeMy WebLinkAbout10-2754 ROBIN JUNE LEES RODRIGUEZ Plaintiff v. ALBERTO JESUS RODRIGUEZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10- 27 S- Y CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS e :?; © y? You have been sued in court. If you wish to defend against the claims sKrth iV5 F the following pages, you must take prompt action. You are warned, that if youataao d _ so, the case may proceed without you and a decree of divorce or annulment maF.4e entered against you by the court. A judgment may also be entered against you other claim or relief requested in these papers by the plaintiff. You may lose m y o? { "n property of other rights important to you, including custody or visitation of your4 ild&. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available at the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEED OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS G' RANTED, 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 or 800-990-9108 t -?WL 0 R in J e ees R drigu Plaintiff, pro se 522 Limestone Road Carlisle, PA 17015-4347 717-243-6017 C'.6k P-it a w 6 y'?' ROBIN JUNE LEES RODRIGUEZ: Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- C? 7J q ALBERTO JESUS RODRIGUEZ, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, Robin June Lees Rodriguez, pro se, and seeks to obtain a Divorce from the above-named Defendant upon the grounds hereinafter set forth: 1. Plaintiff, ROBIN JUNE LEES RODRIGUEZ, an adult individual who is sui juris and resides at 522 Limestone Road, Carlisle, PA 17015-4347. 2. Defendant is ALBERTO JESUS RODRIGUEZ, who is sui juris and resides at 522 Limestone Road, Carlisle, PA 17015-4347. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 5. The Plaintiff and Defendant were married August 11, 1984, in Pawtucket, Providence County, Rhode Island. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the court require the parties to participate in counseling. 8. The Defendant is not currently member of the armed services of the United States or any of its allies. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 10. After ninety (90) days 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. WHEREFORE, IF BOTH PARTIES FILE AFFIDAVITS CONSENTING TO A DIVORCE AFTER NINETY (90) DAYS HAVE ELAPSED FROM THE FILING OF THIS COMPLAINT, PLAINTIFF RESPECTFULLY REQUESTS THE COURT TO ENTER A DECREE OF DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE. DATE t R B UNE tl?ES RODR64 Z Pro se 522 Limestone Road Carlisle, PA 17015-4347 717-243-6017 ROBIN JUNE LEES RODRIGUEZ, Plaintiff V. ALBERTO JESUS RODRIGUEZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 CIVIL ACTION-LAW IN DIVORCE VERIFICATION 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 _ ?0 I j 1 *RB iUIN-E S OD G Z PLAINTIFF, pro se PROPERTY SETTLEMENT AGREEMENT This Property Settlement Agreement, which will be referred to as the "Agreement," is made by Robin June Lees Rodriguez, resident of Pennsylvania, and AR~erto Jesus Rodrigues resident of Pennsylvania, who w~l be referred to as Robin and Alberto, or as the 'parties" or '~arerrts" in this Agreemerrt. INTRODUCTION: THE BASES FOR THIS AGREII~IINT The parties have decided and agree that they can no longer live together because of irreconcilable di8ierences; there is ~ reasonable likelihood that their marriage can be preserved, and therefore, the marriage is irretrievably broken. The parties have ~ mimr ch>7dren A petdion for divorce has been fled in the court w~ family/divorce jurisdiction in Cumberland County in the state of Penrnylvanra, in the country of United States. Both parties wish to reach a settlement concerning the issues preserved by their dissohrtion This agreement sets out the process they have used to arrive at settlement and the decisions they have reached together. Those agreemervs and decisions are organized as follows: PARTIES TO LIVE SEPARATE AND APART c-, ^~, ~ y. c_ Cry .~. . T ry ~' o -„ ' ~ ~ ~-- C^ -'+ INTRODUCTION: The Bases for This meek ~~` ~_- PETS. - ~~ - k . -~. F DEFERRED COMPINSATTON PLANS: Annuities, Pension, RetQemerv, Indivyduai ~ , ~, w Retirement Accourvs (IRA's), and Profit Sharing Plans. R~; ~,.~-.~ °~i ~;~ -~- PERSONAL PROPERTY AND MARITAL DEBTS: Motor Vehicles, Household Furr>ishings, Bank Accounts, Certificates of Deposit, Securities, Miscellaneous Financial Assets, Pending Litigation, Tax Liabilities, and Income Tax Returns. REAL PROPERTY: Fam1y Residence and Other Real Property. BUSINESS INTERESTS. SPOUSAL MAINTENANCE. ADMINISTRATIVE PROVISIONS PROFESSIONAL FEES AND COSTS TAX STATUS AND OTHER RESPONSIBILITIES UNDER THIS AGREEMENT. The parties have reached this Agreement with the consultation of their attorneys in order to obtain a settlement they consider fair and reasonable for themselves. They further agree that this Agreement is being errtered irrto voluntarily, and that it is not the result of any duress or undue influence. The parties stipulate and promise that they have fully discbsed to each other all marital and non-marital property held by each of them and all other matters relevant to their respective financial conditions. They have discbsed to and received from each other no less than the following irdormation or documer$s: their respective financial disclosure statemeirts, income and expenses statemerrts. If either desired or requested appraisals as to the value of any real Property or airy other asset, those documernts were provided. Both parties have had the opportunity to seek professional consultation and advice with accoiurtax~s, attorneys, or other experts deemed appropriate to make informed decisions. Each party expressly represerrts to the other that they have relied upon the full and complete disclosure of the other person in errtering iirto this Agreemerrt. Alberto and Robin agree that the following provisions, terms, and condition shaD be applicable and binding upon both of them in the complete settlement of the dissohrtion of their marriage: PARTIES TO LIVE SEPARATE AND APART The parties agree to live separate and apart as though the parties had not been married. Neither party w~71 mplest the other, or compel the other to cohabit or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other. Pets The parties have the following animals as marikal property at the tie of the divorce: Sasha, dog; Pedro, dog; The parties agree that they w~l divide the animals or the time with the animals as folbws: Both dogs w~l bebng to the husband. DEFERRED COMPENSATION PLANS: Annuities, Pension, Retirement, Individual Retirement Accounts (IRAs), and Profit Sharing Plans. The parties possess various retiremenrt accounrts, the division of which is specified below. The parties request that the Court enter a Qualif ed Domestic RelatrDns Order to divide the f+~ibwing retirement accounts according to the specified wishes of the parties represented below: 11Tantal, Husband's Wife's ~ ~ ~s s Company Type Value Value N1N, or Marital Marital Non ~~ Both Portion Portion Marital Marital Portion Portion TIAA/C1tFF pension 119579.40 7/26/10 Marital 119579.40 Fidelity 403b 92694.56 7/2ti/10 Marital 92694.56 Fidelity Fmerrti 501(c) 830.94 7/26/10 830.94 Dickinson Fully Insured 1516.86 7/26/10 1516.86 Fidelity 401K 17980.09 7/26/10 Marital 17980.09 Both parties agree to transfer aIl right, tdle, and inrterest he/she may have in the accour~ being relinquished to the other and the owner of the account wrll irderrarify and hold the other harmless from arty liability, ir~chding attorney's fees. PERSONAL PROPERTY AND MARITAL DEBTS: Motor Vehicles, Household Furnishings, Bank Accourrts, Certificates of Deposit, Securities, Miscellaneous Firr~ncial Assets, Pending Litigation and Tax Liabilities. Automobiles and Other Motor Vehicles Year, Value Husband's wig's Husband's wife's ]Date of 1[.,oan Net 'IStied in Marital/Non- Noe- Non- Make,Model ][retail ~~~ Value Balance Value his/hers/bathMarital/Both ~~~ Marital Marital Portion Portion Portion Portion 2002, Honda 11500 10/10/2009 0 11500 Both M it l 11500 0 Accord ar a 0 0 2004, Honda ,~ 10/10/2009 0 7200 Both Marital 0 7200 0 0 CRV 2010 Hyundai 16200 3/31/2010 15450 750 Her Non-Marital 0 0 0 750 F.lantra For each of the vehicles assigned to the parties above, the other agrees to transfer all rigtrt, title, and irrterest, including insurance policies thereon, that he or she may have to the Party taking possession a~ the Party taking possession agrees to indemnify aryl hold the relinquishing Party harmless from arty liability, inchding collection costs and attorney's fees. Household Furnishints and Fun~hue The parties have equitably divided the household fi~nishings and fi>mirure that they have agreed is marital property and set apart to each other those items that they have agreed are marital and nprrmarital property. The parties agree that m findrer household fiavishings or furniture need to be divided, ar~d each has the property in his or her possession at the present time. Bank Accourrts and Certificates of Deaosit All joint bank accou[rts have been cbsed. Cash On Hand The parties agree that whatever cash the parties have on hand at the dissohrtion date is to be cornidered non-marital property and is to remain wide the respective Party Securities The parties have various securities that are listed bebw and assigned to the parties as folbws: ilZarital, l~asband's wife~s Husband's wife~s Company Type Balance Date NM, or Marital ~r;~ Non- Non- Both Portion Portion ~~ Marital Portion Portion Vanguard rnrt.funds 15654.24 07/26/10 Marital 1565424 DWS crnt.funds 5404.57 0'7126/10 Marital 5404.57 Pioneer mut.funds 57'95.17 07/26/10 Marital 57'95.17 Fidelity nut.funds 16870.42 07/26/10 Marital 16870.42 For each of the securities assigned to the parties above, the other agrees to transfer all right, tide, and interest they may have to the Party taking possession and the Party taking possession agrees to indemnify and hold the relinquishing party harmless from any liability, including collection costs and attorney's lees. Cash Vahae Life Insurance The parties have no cash value bfe an~ance. Miscellaneous Financial Assets The parties have various assets listed bebw and have assigned the disposition and values to each other as folbvvs: Marital, Husband's Wife's Husband's Wife's Company Amount Date NIA or Marital Marital Non- Non- Both Portion Portion Marital Marital Portion Portion Other Miscellaneous 0 7/26/10 0 0 0 0 Financial For each of the miscellaneous financial interests assigned to the parties above, the other agrees to transfer all right, tile, and interest they may have to the Party taking possession ani the Party taking possession agrees to indemnify and hold the relinquishing party harmless from auy liability, including collection costs and attorney's fees. Pending Litigation: Poterrtial Reciaients of Award The parties have no Peonding litigation. Debts and Credit Card Accourrts The parties agree that there is approximately $350.00 in debts. The itemia~iion of those debts, the amount of each and the party respomible for payment are as folbws: Date of Marital, Husband's Wife's H°N~ ~s Nif~e's Creditor Type Balance Balance ~ or Marital Marital ~~~ Marital Both Portion Portion Portion Portion Discover credit card 350 07/26/2010 Marital 175 175 Sony Chase credit card 0 07/26/2010 Marital Husband is therefore agreeing to assume responsibility for $175.00 in debts and Wile assumes an amournt of debt totaling $175.00. The parties w~l cbse all joart checking savings accoucrts and credit card accourrts, and open individual accourrts. For each of the debts assigned to be paid by a party or credit card account to be held by a party, that Party agrees to indemnify aryl hold the other party harmless from airy liability, including attorney's fees and costs. Parties fiuther agree that they w~l now and at all times hereafter, save lram~iess and keep the other indemnified from all debts, charges and liabilities incurred by the other prier to or after the effective date of this Agreemeirt, except as otherwise specifically provided for by the terms herein. Tax Liabilities 'Ihe parties have nD outstanding tax liabilities. Pending Litieation: Potential Pavers of Award The parties have no pending litigation. REAL PROPERTY: Famu7v Residence and Other Real Pronertv Fam~y Residence The parties presently hold as tenants by the enke~ety the family residence boated 522 Limestone Road, Carlisle, PA, the legal description of which is set out in Exhibit II attached to this Agreement. A mortgage on the home is held by Chase with a balance of approximately $75319. A second mort~e on the home is held by Wells Fargo with a balance of approximately $24592. The parties agree that the vabe of the home is $214900. The disposition of the family residence w~l be as follows: The family residence w~l be sold at a rnrtually agreeable price with the parties equaIly splitting the net proceeds of the sale. AFTER-ACQUIRID PROPERTY Each of the parties shall herea$er own and enjoy, independently of airy claim or right of the other, all items of property, be they real, personal, or mimed, tangle or intangible, which are herea.$er acquired by him or her with full power in him or her to dispose of the same as fully and effectively, in aIl respects and for all purposes though he or she were unmarried. BUSINESS INTERESTS The parties have no business interests. SPOUSAL ALIMONY Alberto will pay Robin $500 per morrth for 4 3~ beginning on August 2, 2010 anti ending on August 2, 2014 The parties agree that the amount of ahnony is non ~mdifiable and further agree that payment w~71 immediately cease upon the re~ge, cohabitation, or death of Robia MUTUAL DISCHARGE Each party relinquishes his or her inchoate intestate right am the estate of the other party, acid each of the parties hereto by his presents fior himself or herself his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns or aYry of them of any and all claims, demands, damages, actions, causes of action or suits at law or am equity of whatsoever land or nat~me for or because of a matter or thing done, omdted or su~'ered to be done by said party prior to and including the date hereof except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement. ADMINISTRATIVE PROVISIONS, PROFESSIONAL FEES AND COSTS TAX STATUS AND RESPONSIBII.ITIES UNDER THIS AGREII1~iII~TT, CHANGE OF NAME Change of Name. Wifie shaIl retain the name of Lees upon the dissolution of the age. Tm~e. Where some act is requu~ed to be per~rmed under the ternis of this Agc~emen# and rio time is specified ~r iks per~rmance, it shall be done as soon as practical Release. The parties mutually release each other from any and all obligations, debts, duties, and causes of action arising out of the marriage, and out of their joart ownership of real or personal property, except those specifically set out in this Agreemerrt. Execution of Documents. The parties agree to sign and execute airy and aIl docu<nerrts and instrumerrts required ,if arty, to e~iectuate any of the purposes of this Agc+eemerrt. Beneficiaries. This Agreement is binding upon aid shall inure to the benefit of heirs, executors, administrators, and assigns of the parties. Definition of Terms. Arty term defined in arty section of this Agreemerrt is applicable as defined in every other section of the Agreemerrt. The pan'ies agree that failure of either party to insist upon strict per>hrn~ances of one or rmre of the terms and provisions of this Agc~eement shaIl not be conttnned as a waiver or relinquishment in the future of any term or provision which shall continue in full force and egect. Settlement of Disa~eerrents: Mediation A. Mediation The parties agree that if airy disagreement slnuld arise concerning this Agreemeirt that cannot be settled directly between therr~sel~es by negotiation, they w~71 fist attempt am good faith to mediate the dispute with the services of a profiessional mediator of mrtual choice. B. This section sha11 rwt be cominaed to abridge or deny either party from any other comedy ava>7able at law. Review and Modification of This Agreement No rmdification or waiver of any of the terns of this Agreement shaIl be valid unless it is in writing and executed with the same ~rmality as this Agreement and where necessary, approved by a Court of competerrt jurisdiction as required by law. Neither party has been induced to execute this Agreement by reason of any representation or promise by or on behalf of the other party that is not contained in this Agreemerrt, and both have had the opportunity to consulk with legal counsel Neither party shall assert or claim that this Agreemerrt or airy provision is invalid by reason of arty such representation or promise. The parties have incorporated in this Agreemenrt their entire understanding. Errtire Agreemerrt The parties further agree that this Agreemerrt corgi the entire understandings of the parties and there are no representations, vvarrar~ties, covenants, or undertakings other than those expressly set forth hereuL TnCOrporatioII into Divorce Decree The parties believe this Agreement is fair and equitab]e, and agree that it shall be incorporated irrto any divorce decree, which may be errtered with respect to them The parties fintlrer agree that the Court of Commn Pleas, which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof Governiaa Law This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. Partial Invalidity If arty of the provisions of this Agreement are held to be im-alid or unerr~rceable, all other provisions shall nevertheless contunie in fiall force and effect. Binding Effect Except as otherwise stated hereiq aIl provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. FILING OF DIVORCE WITH AFFIDAVITS OF CONSENT WiFe has filed a divorce action in the Court of Comrmn Pleas of Cunberland County, Pennsylvania. Within ten days of the execution of this Agreemerrt, knowing that the rnazriage is irretrievably broken, and that it shall be dissolved piusuant to Section 3301 (c) of the Divorce Code, the parties agree to the following; Both Husband and wife shall have executed an Affidavit conserrting to the entry of a final decree in divorce. Wife shall cause the Affidavits to be filed of record and the divorce finalised. Unless either party shall request counseling prior to the filing of the A~ida.vits of Conserrt, the right to so request shall be deemed waived. Professional Fees and Costs Court Costs. Attorney's Fees. Mediator's Fees. Tax Status and Responsibilities The parties w~l henceforth file separate £deral, state, and local income tax returns beguming with the 2010 taxable year. The parties w>7l equally share the rmrtgage nrterest tax deduction for the current tax year. The parties w~l equally share the mortgage i[rterest tax deduction each year a$er the current tax year. IN WITNESS WHEREOF, THESE PARTIES HAVE SIGNED THIS AGREEMIIVT AS THIIR FREE ACT AND DEED ON THIS 3O'F`` DAY OF 2010. ~_~ (` l~` , , P titio , '7/3~~/d ~ 30 200 Date Date I~ ~ U~~ L.4t:,a' n _ 01e I ~~~: IN THB COURT OF DOMMON PLEAS !~ C[J1vIBffitIAND COiJNZ'Y, PENNSYLVA1~tIA V'S. • QVIL DIVISION ~~~~ ~ s~ ~, ~ 2 t ~ £ ~"-xo. ~ ~ ~~7 cS~y c~va. TERM Ai- PRAECIPE TO TRANSNIIT RECORD To the ~: Transmit the record, together with ~ following aiformation to the court for entry of a divorce det~eec i. C3roimd far divorcxl,^„_, ~Trr'e 'ievab2e beeakdown under 3301 (c) ESitdoe oFrt ~applicabb ection) 2. Date and mima~cr of service of the complaint: Pf.~dN ~- S ~~ 1 N ~ ' O nJ d. s~ l ~ 3. Ca glebe eit3~ar p~sgtaph ( ~ (b)• , ~a Ikte of eon a~f tl~e affidavit of consent requirocl b~+ 3301 (c) of the Divott~e code: by pla+iatiff • 7/a-ss ~ arc o ; bye '7 ~ ~~ ~c~ b. {1) Date of execufioa of tt~e affidavit required by 3301 (d) of the Divorce Code: {Z) Da#e of filing and service of the plaintiff's affidavit upon the respondent: 4. Related cleans pending: N~oN' ~ 5. Con~-lebe either (a) or(b) a. Date and manner of service of the notice of intention to file praocipe to tiransmit record, a copy of which is attached: a ° 1 d b. Date of plaintiffs Waiver of Notice in 330 {c) Divorce was filed with the Prothonotary: ~ o Date dafendaat's Waiver of Notice in 330 (c) divorce was filed with the Prothonotary- ~ -~_ 4 ,~.p.~~/ ~li~ a , , `~ ~ ~ i ~ ; ; ~ ~~~£ ;~~ ~ ~~r ~'' it .~ t ~:~ . -, _ ~~~. "VC."i ~I~ ROBIN JUNE LEES RODRIGUEZ, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-a'7~`fCivil Term ALBERTO JESUS RODRIGUEZ , :CIVIL ACTION-LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Robin June Lees Rodriguez, do hereby certify that on the date indicated below I did personally serve, true~and correct copies of the Divorce Complaint, Defendant's copy of an Affidavit of Consent and Defendant's copy of a Waiver of Notice of Intention to Request Entry of Divorce Decree and an Acceptance of Service Form to: ALBERTO JESUS RODRIGUEZ 522 Limestone Road Carlisle, PA 17015-4347 DATE: yla6"~ao/15 aoGt,~~ R BIN JUNE LEES RODRIGUEZ 522 Limestone Road Carlisle, PA 17015-4347 .z c? cY - Q c. ~ p~ aPW ~Q 4i., ~ ~ , c~~_ '~~_ - .~ W =~ ~.. ~ 1 ;~ ..~_ ROBIN JUNE LEES RODRIGUEZ, Plaintiff v. ALBERTO JESUS RODRIGUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. l o ~'1 b"y ci ~ ~ CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept personal service of the Complaint in Divorce, Affidavit of Consent, and Waiver of Notice of Intention to Request Entry of a Decree of Divorce under §301 (c). I~~• ~ DATE: ~ ZS ZU/ D De5'Z2 itiw• ~~ ~+'~ Q~ ~ ~ l3 Mailing Address c-_> ~- ^a __ ~1 -~, ; - ~ L p--a _ ~=c -~ - ~, ~~ ~ ~ . ~,= r ,,_ ~_. ~ - ___ : ~,. ~ '~. j ~` ~ ~ R as 4,x, n ,. ROBIN TUNE LEES RODRIGUEZ, Plaintiff v. ALBERTO 3ESUS RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 ~t'15~t c[w~ clviL AcrloN-LAw IN DIVORCE AFF~AVIT OF CONSENT 1. A complaint in divorce ~mder section 3301 (c) of the Divorce Code was filed on rr a-~ aelD 2. The marriage of Plaintiff and 1;Iefendant is irn~rievably broken and ninety. (90) days have elapsed fmm the filing and service of the complaint. 3. I consent to entry of a final decree of divorce after service of notice of intention to request entry of the decaee. I verify that the s made in this affidavit are tnu and correct I imde~stand that false ~ herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: '>/e2 " 'T (p t r> f= ^~ _ Fi ~ c~ ;- ~ y ' .., -~ ~~ . r ,- ~~_ ~"'. ~~~ ~^.; ,. W ROBIN JUNE RODRIGUEZ, Plaintiff v. ALBERTO JESUS RODRIGUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 ~`15`f c~v:I CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE ', 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may. lose rights concerning alimony, division of property, ' lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filedl, with the Prothonotary. ' I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE:_~ D D ' (Pla ti ~€~ant) ^ c .> ~', _ T ~-~ ~ c-_ ~_- _ ~~~ -,rro ~- -r- ~ . .. ,~ c .._ ~,rJ .. _ - c..:~ cA , ~~ .~ fti`"'gl `.TF ~,~~ -.•~ ROBIN JUNE LEES RODRIGUEZ, Plaintiff v. ALBERTO JESUS RODRIGUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 ~~15'y~ ci~~ CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under section 3301 (c) of the Divorce Code was filed on ~}dnl a-,~, ao~D 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the complaint. 3. I consent to 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 aze 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. ~i~ 1{ neTF• --> l ~4 1 anrn (Pl~i~i'ff) (Defendant C) ~ C ~ ~._. ' - ~ C7 -_ f - 4 . "?~ ~ ---" --~,. ROBIN JUNE RODRIGUFZ, Plaintiff v. ALBERTO JESUS RODRIOUEZ, Defendant IN TIC COURT OF COMMON PLEAS OF CUMBERLAND COi1NTY, PENNSYLVANIA NO. 10~~ 7 ~'~i e ~ ~ ~ ~-h2rrv~ CIVIL ACTION-LAW IN DIVORCE WAND OF NOITCE OF IIVT~ITION TO RF-OLIFt'1' ENTTZY OF A DNORCE DECRY? L~DER SON 3301jc1 OF TIC DIVORCE CODE 1. I eon to the entry of a final of divorce vvitho~rt notice. 2. I and that I may. Io®e rights conarning alimony. division of property, lawyer's Bees or if I do not claim thew 'befm+e a divorce is granted. 3. I nnderstac~d that I will not be divoirod until a divorce detxoe is entered by the oomt amd that a ~ of the d~ecroe will be seat to ~ a~tely a~ber it is filed with the Prothonotary. I verify that the statemea~ts made in this affidavit are tzve and correct. I understand that faL~e herein ac+e made subject to the penalties of 18 Pa.C.S. §4904 relating to um4v~orn falsification ~ authorities- _.., DATE• '7~r301b c-? (` ~ ., _ . _ ~. ~ T1 ~-' C~ -~ "., .1 ~~ - _ E--- j j ~} , V ~~ Q _.~y {"~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _~1~~ J, ~s ~~5~t Plaintiff Vs !~l~o T. i Dolit9c~ Defendant File No. _!0 _ o~7s~ C l~i~ IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that th lain ' / d~li~t in the above matter, [select one by ma=king `5c" J prior to the entry of a Final Decree inpivorce, r~ N ~ c~ C_ ~^ ~ ~ ~,~~ : c , ~~= c..~ c~ } .° ~::. ~~~ ,. ~~~ or _ , ~,^ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of ~.'eeS ,and gives this written notice avowing her intention pursuan the pro 'sions of 54 P.S. 704. Date:~~../ ~~C1 / b 8 ^ S e S gnah~re n e eing resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF~,w,b~yL.~~) On the ~ day of , 200 before me, the Prothonotary or the notary public, personally the above affiant known to me to be the person whose name is subscribed to the within document and aclmowledged that ~! she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official Seal. Notary Public o~ o ~t ~ow~ ~ ~ amr a~MwN. tom. oro t, mOt~ ..; _,, :~--~ -;, -z ,-; $1 l .00 e~ln ~a ~~ ~# ~y (00(07 ROBIN JUNE LEES RODRIGUEZ '~ V. ALBERTO JESUS RODRIGUEZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ ~ ` a 7 ~~ ~ ~ Jl t- DIVORCE DECREE AND NOW, ~~ , it is entered and decreed that ROBIN JUNE LEES RODRIGUEZ ,plaintiff, and ALBERTO JESUS RODRIGUEZ ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente life 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 Gaims are as follows: (If no claims remain indicate "None.A) None. Attest: ~. Pro onotary ~~ `'' ~ / ~ (.~c-~ . cod t~~~ f ed ~o ~~ `~ ROBIN JUNE LEES RODRIGUEZ, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-2754 Civil ALBERTO JESUS RODRIGUEZ, : CIVIL ACTION-LAW Defendant : IN DIVORCE ORDER AND NOW this day of MV 2013, it appearing that the statements set forth in the joint Petition for Entry of Agreed Upon Qualified Domestic Relations Order are true, and that the Decree of Divorce.granted on August 3, 2010 provided for the award of a portion of Defendant's defined contribution benefits to the Plainiff, IT IS HEREBY ORDERED AND DECREED that the Petition to Enter the Agreed Qualified Domestic Relations Order in the form presented is granted to effectuate the award to Plaintiff, Robin June Lees. BY URT, Cz rrlcv r` CJ7 C,;3 tiL x.1.1 a-�C.19 ROBIN JUNE LEES : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10 -2754 Civil ALBERTO JESUS RODRIGUEZ, : CIVIL ACTION-LAW Defendant : IN DIVORCE PETITION TO ENTER QUALIFIED DOMESTIC RELATIONS ORDER AND NOW COME Plaintiff ROBIN JUNE LEES and Defendant ALBERTO JESUS RODRIGUEZ who jointly file this Petition to Enter Qualified Domestic Relations Order and in support thereof offer the following: 1. Plaintiff is Robin June Lees,the former spouse of Defendant. 2. Defendant is Alberto Jesus Rodriguez,the former spouse of Plaintiff. 3. This Honorable Court retains continuing jurisdiction in this matter pursuant to 23 Pa. C.S. § 3104. 4. On August 3, 2010,this Honorable Court signed the Decree in Divorce which awarded to Plaintiff Lees a portion of the benefits in Defendant's defined contribution plan. A Qualified Domestic Relations Order is necessary to effectuate this award. The parties have agreed to the Qualified Domestic Relations Order offered herewith. WHEREFORE, Petitioners Lees and Rodriguez jointly request that this Honorable Court enter the Qualified Domestic Relations Order in the form presented herewith. x I'll- Robin J ees, Plaintiff and Petitioner lbeito Jesus odr uez, Defendant and Petitioner Date: 6-1,)-t 1 d013 Date: 2 2013 ROBIN JUNE LEES : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10 -2754 Civil ALBERTO JESUS RODRIGUEZ, : CIVIL ACTION-LAW Defendant : IN DIVORCE PETITION TO ENTER QUALIFIED DOMESTIC RELATIONS ORDER AND NOW COME Plaintiff ROBIN JUNE LEES and Defendant ALBERTO JESUS RODRIGUEZ who jointly file this Petition to Enter Qualified Domestic Relations Order and in support thereof offer the following: 1. Plaintiff is Robin June Lees,the former spouse of Defendant. 2. Defendant is Alberto Jesus Rodriguez,the former spouse of Plaintiff. 3. This Honorable Court retains continuing jurisdiction in this matter pursuant to 23 Pa. C.S. § 3104. 4. On August 3, 2010,this Honorable Court signed the Decree in Divorce which awarded to Plaintiff Lees a portion of the benefits in Defendant's defined contribution plan. A Qualified Domestic Relations Order is necessary to effectuate this award. The parties have agreed to the Qualified Domestic Relations Order offered herewith. WHEREFORE,Petitioners Lees and Rodriguez jointly request that this Honorable Court enter the Qualified Domestic Relations Order in the form preserW cam_ Fri._ herewith. w S , R in J(Ihefees, Plaintiff and Petitioner e o us o guez, efen and Petitioner Date: g d%k)-0/. Date: U Z/ 211)(3 r~ ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA aN RE: THE MARRIAGE OF ROBIN JUNE LEES AND ALBERTO JESUS RODRIGUEZ ROBIN JUNE LEES, CASE NO. 10-2754 Petitioner, And Concerning QUALIFIED DOMESTIC RELATIONS ORDER ALBERTO JESUS RODRIGUEZ, Respondent. THIS CAUSE is presented for the entry by the Court of a domestic relations order ("Order"), as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The general requirements of Code Section 414(p) and ERISA Section 206(d)(3) are hereby incorporated by reference. The terms of this Order have been stipulated and agreed to by the parties and having been fully advised in the premises thereof,the Court finds: 1. The plan to which this Order applies is the Dickinson College Defined Contribution Retirement Plan, Fidelity Plan #56444 (the "Plan"), as amended and restated from time to time, sponsored by Dickinson College. A signed original or a certified copy of this Order as entered by the Court shall be promptly delivered to the Plan Administrator by the Alternate Payee or her legal representative at the following address: Dickinson College c/o HR Services .P.O. Box 1773 Carlisle, PA 17013-2896 2. The "Participant"is Alberto Jesus Rodriguez. The mailing address of the Participant is: Address: 655 Grahams Woods Road Newville, PA 17241 3. The "Alternate Payee" is Robin June Lees. The mailing address of the Alternate Payee is: .Address: 40 N. Orange Street Carlisle., PA 17013 4. This Order relates to the provision of support, alimony and marital property rights to a spouse or former spouse of a Participant and is issued,pursuant to the law of the {A343879&a} 1 Commonwealth of Pennsylvania, which govern actions for dissolution of marriage. The parties intend this Order to meet the requirements of a Qualified Domestic Relations Order ("QDRO') under Section 206(d)(3) of ERISA and Section 414(p) of the Code. 5. The Alternate Payee is hereby assigned 100% of the vested benefits payable to the Participant under the Plan as of May 24, 2013 (the "Award Date"),plus earnings and losses attributable to her interest. After the Award Date, the balance in the Participarift account,shall be sole and separate property of the Participant. 6. Separate account(s) in the Plan will be established for the Alternate Payee in the amount of the assigned benefit. The benefit will be withdrawn pro rata from the Participants investment funds and reinvested in such funds in the Alternate Payee's Plan account. After the Order has been qualified and a separate account has been established for the Alternate Payee, she will have the authority to direct the investment of the amount held in her account in accordance with the Plan terms. If the Altemate Payee does not select particular investments, the Alternate Payee's accounts will be invested based on the Participant's last investment election before the establishment of the separate account. 7. The Alternate Payee may elect to be paid her benefit in any option available to a beneficiary under the terms of the Plan as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator. 8. If the Participant dies before the Alternate Payee's benefits assigned to her under this Order are segregated or distributed, but after the Order is determined to be a QDRO, then the benefits assigned to the Alternate Payee pursuant to this Order are unaffected by the Participant's death and remain payable to the Alternate Payee when otherwise provided under this Order and the Plan. If the Participant dies before this Order is determined to be a QDRO, then the Alternate Payee will be treated as the Participants spouse for purposes of any survivorship benefits payable at the Participant's death, to the extent required under this Order. 9. In the event of Alternate Payee's death prior to Alternate Payee receiving her assigned benefit, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator(or in the absence of a beneficiary designation, her estate), shall receive the unpaid benefits. 10. If a payment or any portion of the benefit assigned to the Alternate Payee or reserved for the Participant is paid in error to either party to this Order, then the receiving party immediately shall return to the Plan any amount received in error. 11. Unless a direct rollover is elected, the Alternate Payee shall be responsible for her own federal, state and local income and any other taxes attributable to any and all payments made from the Plan which are received by the Alternate Payee respectively. 12. Nothing contained in this Order will be construed to require the Plan or Plan Administrator-- . (i) to provide the Alternate Payee any type or form or benefit or any option not otherwise available under the terms of the Plan; fA3438798:1) 2 (ii) to provide to the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (iii) to pay benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined by the Plan Administrator to be a QDRO, 13. This Order is intended to be a QDRO and the provisions thereof and shall be administered and interpreted in conformity with such laws. 14. If this Order is determined not to be a QDRO, the parties hereby agree to submit to and request a court of competent jurisdiction to modify the Order to make it a QDRO in a manner that reflects the parties' intent as herein expressed and thereafter to enter an order modifying this Order, such modification order to he entered nun-pro tunc, if appropriate. This court retains jurisdiction to amend this-Q r purposes of establishing or maintaining the status of this Order as a QDRO. Dated: &vA 4 A140. Judge C-7) C:) C-> ROJO, aE,� -7/2/8 IA3438798:1) 3