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HomeMy WebLinkAbout02-0860Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHONDA L. SANTIAGO : Plaintiff : .' v. :No. o2-,f't.C) ANGELO JOSEPH SANTIAGO : Defendant : CIVIL ACTION - DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHONDA L. SANTIAGO : Plaintiff : v. : No. 02- .' ANGELO JOSEPH SANTIAGO : Defendant : CIVIL ACTION - DIVORCE/CUSTODY COMPLAINT IN DIVORCE Count I - Divorce 1. Plaintiff is Rhonda L. Santiago (SS# 185-58-2886) who currently resides at 240 Clark Street, Lemoyne, Cumberland County, Pennsylvania since in or around August, 2000. 2. Defendant is Angelo Joseph Santiago (SS# 208-48-5196) who currently resides at 528 North Beaver Street, York, York County, Pennsylvania since in or around January, 2002. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on September 4, 1999 in Easton, PA. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Wherefore, Plaintiff requests the Court to enter a Decree in Divorce under section Count II - Equitable Distribution 8. Plaintiff incorporates by reference paragraphs 1 through 7. 9. During the marriage, Plaintiff and Defendant acquired real and personal property. Wherefore, Plaintiff requests the Court to enter an Order equitably dividing all the marital property. Count III - Custody 10. The plaintiff is Rhonda L. Santiago, residing at 240 Clark Street, Lemoyne, Cumberland County, Pennsylvania. 11. The defendant is Angelo Joseph Santiago, residing at 528 North Beaver Street, York, York County, Pennsylvania. 12. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Tristen Santiago 240 Clark Street 06/20/01 Lemoyne, PA The child was not born out of wedlock. The child presently is in the custody of Plaintiff, who resides at 240 Clark Street, Lemoyne, PA. During the past five (5) years, the child has resided with the following persons at the following addresses: 3301(c) of the Divorce Code. Name Rhonda Santiago Rhonda & Angelo Santiago Address 240 Clark Street Lemoyne, PA 240 Clark Street Lemoyne, PA Dates 01/12/02 - Present Birth - 01/12/02 resides with the following persons: Name Eva Santiago 15. Relationship Sister Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or in another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The mother of the child is Plaimiff, currently residing at 240 Clark Street, Lemoyne, PA. She is married. The father of the child is Defendam. He is married. 13. The relationship of plaimiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Tristen Samiago Son 14. The relationship of defendant to the child is that of father. Defendant currently Plaimiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: plaintiff has been the child's primary caregiver. 17. Each parem whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. Wherefore, plaintiff requests the court grant her custody of the child. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff VERIFICATION I, Rhonda L. Santiago, state upon personal knowledge or infomxation and belief that the averments set forth in the foregoing document are true. 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: P~da Li ~an~iatff6 '~ ' ~ Z RHONDA L. SANTIAGO PLArNTIFF V. ANGELO JOSEPH SANTIAGO DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-860 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Friday, February 22, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Wednesday, March 13, 2002 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Damon S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHONDA L. SANTIAGO Plaintiff ANGELO JOSEPH SANTIAGO Defendant NO. 02-860 Civil Term CIVIL ACTION - DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce and Custody. I certify that I am authorized to accept service on behalf of defendant. Date: February o~5" , 2002 Heather L. Harbaugh, Esquire Edward J. Weintraub & Associates Attorneys for Defendant RHONDA L. SANTIAGO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-860 ANGELO JOSEPH SANTIAGO, Defendant CB/IL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /(~l,~ da of ~F~ Y t... , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Rhonda L. Santiago, and the Father, Angelo Joseph Santiago, shall have shared legal custody of Tristen Santiago, bom June 20, 2001. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement of the parties and counsel. The purpose of the counseling shall be to establish sufficient communication and cooperation between the parties to enable them to effectively co-parent their Child and also to obtain professional recommendations concerning ongoing custody arrangements. All costs of counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. Within 10 days of the date of the Conciliation Conference, the parties shall select the counselor and contact the counselor's office to schedule the first session. The parties agree to abide by the custody arrangements recommended by the counselor. 3. Pending receipt of the counselor's recommendations and further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Child and the Father shall have partial custody every Sunday, beginning April 14, 2002, from 3:00 p.m. until 7:30 p.m., with the exception of Father's Day, when the Father shall have custody from 10:00 a.m. until 7:30 p.m., and Mother's Day, when the Mother shall retain custody of the Child. In addition, the Mother shall have custody of the Child for vacation in 2002, from June 17 through June 23. 4. Unless otherwise agreed between the parties, the party receiving custody shall be responsible to provide transportation for the exchange. When the Mother is receiving custody of the Child, the Mother shall call the Father when she has arrived at the Father's sister's residence and the Father shall bring the Child to the Mother's car. 5. After the parties have completed 8 counseling sessions, counsel for either party may contact the Conciliator within 4 months of the date of the Conciliation Conference, to schedule an additional Conference, if necessary, to address any custody issues which have not been resolved by agreement. 6. This Order is entered pursuant to an agreement at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Theresa Barrett Male, Esquire - Counsel for Mother Heather L. Harbaugh, Esquire - Counsel for Father R_HONDA L. SANTIAGO, Plaintiff VS. ANGELO JOSEPH SANTIAGO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-860 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCIIJATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Tristen Santiago June 20, 2001 Mother CURRENTLY IN CUSTODY OF 3. The parties agreed to entry of an Order in the form as attached. Daie ' Dawn S. Sunday, q ' Custody Conciliator 2. A Conciliation Conference was held on April 9, 2002, with the following individuals in attendance: The Mother, Rhonda L. Santiago, with her counsel, Theresa Barrett Male, Esquire, and the Father, Angelo Joseph Santiago, with his counsel, Heather L. Harbaugh, Esquire. RHONDA L. SANTIAGO, Plaintiff VS, ANGELO JOSEPH SANTIAGO, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY, PENNSYLVANIA * NO. 02-860 CIVIL TERM * CIVIL ACTION - LAW * IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice 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: Rh~/~d'a-E. Sant-iago,' Plaintiff RHONDA L. SANTIAGO, Plaintiff VS. ANGELO JOSEPH SANTIAGO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. 02-860 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divome 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 divomed until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Rho'~a L. Santi~o,' Plaintiff-.v (~ RHONDA L. SANTIAGO, Plaintiff VS. ANGELO JOSEPH SANTIAGO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. 02-860 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice 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: .~:-~/~// 0 '?._ Angelo ~l~'art~ia~ D(~fenc~a~'/' RHONDA L. SANTIAGO, Plaintiff VS. ANGELO JOSEPH SANTIAGO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. 02-860 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in 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. Ang~1° U(l~s~~iago-~7-~,efen-dant - I~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this I,'~-- day of__~, 2002, by and between Angelo J. Santiago, hereinafter referred to as "Husband",'"a~d Rhonda L. Santiago, hereinafter referred to as "Wife". WITNESSETH: and WHEREAS, Husband and Wife were lawfully married on September 4, 1999; WHEREAS, certain differences arose between the parties as a result of which they separated on January 14, 2002, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Heather L. Harbaugh, Esquire, and Wife, by her attorney, Theresa Barrett Male, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. (Initials) ~ (Init~ials) 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since January 14, 2002, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since January 14, 2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations unsatisfied as of the date of this agreement. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony, alimony pendente lite, spousal support, counsel fees and expenses, and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her (Initials) 2 /~ (Initials) heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from ail causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. 7. EQUITABLE DISTRIBUTION: A. During the marriage, the parties acquired improved real estate located at 240 Clark Street, Lemoyne, Cumberland County, Pennsylvania. Prior to executing this agreement, the parties sold this property, realizing proceeds of $7,676.49 after satisfaction of Husband's child support arrears of $2,236.15 in Santiago v. Santiago (#00060 S 2002; PACSES # 844104192). The parties thereafter received reimbursement checks totaling $1,766.81. Wife's counsel is holding the funds in her IOLTA account. Concurrently with the execution of this agreement, Wife's counsel shall disburse a check made payable to Heather L. Harbaugh, Esquire, Counsel for Angelo J. Santiago, in the amount of $3,603.57. This amount, plus the sum applied to satisfy Husband's child support arrears, is fifty percent (50%) of the total sales Proceeds. Wife shall receive the remaining fifty percent (50%), i.e., $5,839.73 B. Contents of Wife's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife. C. Contents of Husband's Residence: Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband. D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (Initials) /~ (Initials) (1) Husband shall retain the 1996 Jeep Grand Cherokee. (2) Wife shall retain the 2002 Saturn. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Individual Retirement Accounts, Employment Benefits: Pensions And Each party shall retain sole ownership and control of their IRA's, Pensions and Employment benefits, if any. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. G. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that f_~--) (Initials) property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. The parties have negotiated this agreement with the understanding that the property transfers described in this agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. 10. HEALTH INSURANCE: Each party shall be responsible for their own health insurance. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of madtal property of the parties are fair, (Initials) _ I~---~ (Initials) adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: ~r ~:l~any deficiency in the parties' income tax is proposed as a result of any tax year in which they filed joint returns, or any assessment of any such tax is made against the parties, then, prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty or expense assessed or proposed to be assessed against them on a pro-rata share according to their respective income levels. The parties also will pay all costs and expenses for defending any tax audits relating to the parties' tax returns and tax liabilities on the same pre-rata basis. If such audit reveals that either party was responsible for misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., then that party shall assume solely and entirely all tax liabilities, including the payment of interest and penalties, which are assessed against the parties as a result. In that event, the responsible party shall indemnify and hold the other harmless from and against any loss or liability for all such tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, .~~ (Initials) ~ (Initials) execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenfomeable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Wife at her cost by her counsel has filed an action for divorce under Section 3301(c) or (d) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Wife to proceed with a no-fault divorce as soon as possible, providing counsel for Husband with a duplicate decree. (Initials) (Initials) The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divome Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. Either party may enfome this agreement as provided in section 3105(a) of the Divorce Code. As provided in section 3105(c), provisions of this agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the Court. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. ~(Initials) (Initials) 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and matedal facts relating to the subject matter of this Agreement. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. ~(Initials) (Initials) 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or 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. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 28. EXECUTION DA TE: The date of execution of this Agreement is the date upon which is it signed by the parties if they sign the Agreement on the same date. Otherwise, the date of execution or execution date shall be date on which the last party signed this Agreement. ~~(Initials) 10 (Initials) IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. Witness Witness 11 (Initials) COMMONWEALTH OF PENNSYLVANIA · COUNTY OF DAUPHIN SS. BEFORE ME, the undersigned authority, on this ~),-c-J day of . ).t ~ ,2002, personally appeared Angelo J. Santiago, known to me to be the person whb executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. .).t, ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~.~Y'C~. day of _ ,2002· COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the Iqot~'ry-~ubli~ in an~ fo-"r~e ' Commonwealth of Pennsylvania Notarial Seal Misty D. Lehman, Notary Public Harrisburg Dauph n County My Comm ssion Expires Aug. 2, 2004 · SS. undersigned authority, on this /.'~ day of -~,~L.4 ,2002, personally appeared Rhonda L. Santiago, known to me to be the person ~/~o executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ day of .~ ~t(~ ,2002. ~ot~'r~ Public in ~in~i"f~r t~-~ ~.~ Commonwealth of Pennsylvania <~ fM Notarial SeeJ Susan C. ~by, No~ Pub c Ha~isbu~, Dauphin ~un~ Y Commission E~ims D~. 28, ~02~ Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHONDA L. SANTIAGO : Plaintiff : V. .. ANGELO JOSEPH SANTIAGO : Defendant : NO. 02-860 Civil Term CIVIL ACTION - DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce 2. Date and manner of service of the complaint: 02/25/02 per the Acceptance of Service filed 02/27/02. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff: 07/12/02; by defendant: 07/03/02. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's affidavit upon the respondent: N/A 4. Related claims pending: All economic claims have been resolved by the marital settlement agreement executed by the parties on July 12, 2002. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of imention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: 07/15/02. Date defendam's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: 07/15/02. 2 Exhibit 1 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, madethis l~~--l~b between Angelo J. Santiago, hereinafter referred to Santiago, hereinafter referred to as "Wife". WlTNESSETH: day of_~F~, 2002, by and as "Husband, a---~"'""nd Rhonda L. and WHEREAS, Husband and Wife were lawfully married on September 4, 1999; WHEREAS, certain differences arOse between the parties as a result of which they separated on January 14, 2002, and now live separate and apart from one another, and are desirOus of settling fully and finally their respective financial and property dghts and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the Other or against their respective estates for equitable distribution of all marital prOperty; and a resolution of all mutual responsibilities and rights grOwing out of the marriage relationship any prOvisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being prOperly advised by their respective counsel, Husband, by his attorney, Heather L. Harbaugh, Esquire, and Wife, by her attorney, Theresa Barrett Male, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and prOmises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. ~ ~--~ (Initials) ~ (Initials) 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the Other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEB TS: Wife represents and warrants to Husband that since January 14, 2002, she has not, and in the future, she will not, COntract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since January 14, 2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by' reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations unsatisfied as of the date of this agreement. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her dght to alimony, alimony pendente lite, spousal support, counsel fees and expenses, and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their madtal property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her (Initials) Z~'~(Initials) heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, fights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. 7. EQUITABLE DISTRIBUTION: A. During the marriage, the parties acquired improved real estate located at 240 Clark Street, Lemoyne, Cumberland County, Pennsylvania. Prior to executing this agreement, the parties sold this property, realizing Proceeds of $7,676.49 after satisfaction of Husband's child support arrears of $2,236.15 in Santiago v. Santiago (#00060 S 2002; PACSES # 844104192). The parties thereafter received reimbursement checks totaling $1,766.81. Wife's counsel is holding the funds in her IOLTA account. Concurrently with the execution of this agreement, Wife's counsel shall disburse a check made payable to Heather L. Harbaugh, Esquire, Counsel forAngelo J. Santiago, in the amount of $3,603.57..This amount, plus the sum applied to satisfy Husband's child support arrears, is fifty percent (50%) of the total sales Proceeds. Wife shall receive the remaining fifty percent (50%), i.e., $5,839.73 B. Contents of Wife's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife. C. Contents of Husband's Residence: Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband. D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (Initials) - .~) (Initials) (1) Husband shall retain the 1996 Jeep Grand Cherokee. (2) Wife shall retain the 2002 Saturn. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control of their IRA's, Pensions and Employment benefits, if any. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall 'take those steps necessary to have the other removed as a responsible party from any such account. Wife. shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. G. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covedng that property, and any escrow accounts relating to that ~v_~ (Initials) ~(Initials) property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in Such property from each to the other. J. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. The parties have negotiated this agreement with the understanding that the property transfers described in this agreement fall :within the provisions of section 1041 of the Internal RevenUe Code, and as such will not result in the recognition of any gain Or loss upon the transfer by the transferor. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. 10. HEAL TH INSURANCE: Each party shall be responsible for their oWn health insurance. 11. ALIMONY PENDENTE LITE, COUNSEL FEEs AND EXPENSES: Husband and Wife acknowledge and agree that the Provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, ~~ (Initials) 5 .-~ (Initials) adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the Proceedings for divorce or annulment between the parties. 12. ~COME TAX RETURNS: , . ~o~ I~any deficiency in the parties income tax is proposed as a result of any tax year in which they filed joint retums, or any assessment of any such tax is made against the parties, then, prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty or expense assessed or Proposed to be assessed against them on a pro-rata share according to their respective income levels. The parties also will pay all costs and expenses for defending any tax audits relating to the parties' tax returns and tax liabilities on the same pro-rata basis. If such audit reveals that either party was responsible for misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., then that party shall assume solely and entirely all tax liabilities, including the payment of interest and penalties, which are assessed against the parties'as a result, In that event, the responsible party shall indemnify and hold the other harmless from and against any loss or liability for all such tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, ~.~(Initials) 3_~ (Initials) execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and sha~l forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Wife at her cost by her counsel has filed an action for divorce under Section 3301 (c) or (d) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Wife to proceed with a no-fault divorce as soon as possible, providing counsel for Husband with a duplicate decree. (Initials) (Initials) The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. Either party may enforce this agreement as provided in section 3105(a) of the Divorce Code. As provided in section 3105(c), provisions of this agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the Court. 17. ADDITIONAL INSTRUMENT:' Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. ?~ (Initials) 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu Of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa'.C.S.A. Section 3501 et. seq, or any other laws. Husband and Wife each voluntarily and intelligently Waive and relinquish any right to seek a court ordered determination and distribution of marital property,.but nothing herein contained shall constitute a waiver by either party of any dghts to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFiCATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. (Initials) ~-~) (Initials) 9 ~ 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or 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. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 28. EXECUTION DA TE: The date of execution of this Agreement is the date upon which is it signed by the parties if they sign the Agreement on the same date. Otherwise, the date of execution or execution date shall be date on which the last party signed this Agreement. (Initials) 10 ~--~(Initials) IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. Wit~-&ss (Initials) ~(~(h~/fials) COMMONWEALTH OF PENNSYLVANIA · · SS. COUNTY OF DAUPHIN . BEFORE ME, the undersigned authority, on this ?j~-'/ day of .~)~[ Z~L.~._~ ,2002, personally appeared Angelo J. Santiago, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. r~ ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~:.~.~ day of ...Z.~,,,~ ,2002. ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF Notary Public in ahd for the Commonwealth of Pennsylvania Notarial Seal Misty D. Lehman, Notary/Public · _Harrisburg, Dauphin uounty My [.;ommission Expires Aug. 2, 2004 · SS. BEFORE ME, the undersigned authority, on this ,~:~ day of -- -~,{ 2002, personally appeared Rhonda L. Santiago, known to me to be (.p, ' the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. -~_,~U GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ day of -.. ,2002. o[ary Public in and for th~' Commonwealth of Pennsylvania Notarial Seal Susan C, Appleby, Notary Public Harrisburg, Dauphin County My Commission Expires Dec. 28, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. RHONDA L. SANTIAGO 860 Civil Plaintiff N O. VERSUS ANGF. I,O JOSEPH SANTIAGO Defenclarlt 2002 DECREE IN DIVORCE AND NOW, "~'"~,~ 30 q DECREED THAT Rhnnda I,. Santiago AND Angelo Joseph Santiago , , ~'Ob0~' t IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All economic claims raised of record are resolved by the agreement executed by the parties on July 12, 2002, a true and correct copy of which is attached as Exhibit 1. '/ ' --- '- 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RHONDA L. SANTIAGO, Plaintiff VS. ANGELO JOSEPH SANTIAGO, Defendant ) ) No. 860 ) ) ) ) ) CWIL 2002 NOTICE OF ELECTION TO RETAKE PRIOR NAME Dated: OCTOBER //, 2004 NOTICE is hereby given that the Plaintiff in the above matter, RHONDA L. SANTIAGO, having been granted a final Decree in Divorce from the bonds of matrimony on July 30, 2002, hereby elects to retake and hereafter use the prior name of RItONDA L. YOUNG, and gives this written Notice avowing her imention pursuant to the provisions of 23 P.S. 702 and 54 P.S. 704. Rhon~J'~ I~. Santiago TO BE KN0~VN AS Swom to and subscribed before me this /f///-~day of OCTOBER, 2004. COMMONWEALTH OF PENNSYLVANIA Sharon W. Pinto, Notary Public Nazareth Bom, No~flar~ CcxJn~j My ~ Explr~ Dec. 5, 2007