HomeMy WebLinkAbout05-0672
BELTRAN S. ESTRADA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. OS - fc/7~ CWlL'-rVLh'j
: IN DIVORCE
TINA MARIE LEWIS,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the
Prothonotary's Office, Cumberland County Courthouse, Carlisle, Cumberland County,
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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA 17013
(717)-249-3166
(800) 990-9108
BELTRAN S. ESTRADA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W ~
NO. OS - (\.,;J~ I ~
: IN DIVORCE
TINA MARIE LEWIS,
Defendant
COMPLAINT IN DIVORCE
AND NOW, comes the above-named Plaintiff, BELTRAN S. ESTRADA, by and
through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in
Divorce from the above-named Defendant, TINA MARIE LEWIS, upon the grounds hereinafter
set forth:
I. Plaintiff is BELTRAN S. ESTRADA, an adult individual, residing at IIII Apple
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is TINA MARIE LEWIS, an adult individual, residing at Route 2, Box
I 87-E, Pennington Gap, Lee County, Virginia.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least six (6) months previous to the filing of this Complaint. Defendant is a resident of Virginia.
4. The Plaintiff and Defendant were married on December 4, 1996 in Winston-Salem,
Forsyth County, North Carolina.
5. There have been no prior actions of divorce or for annulment between the parties.
BELTRAN S. ESTRADA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-672-CIVIl TERM
TINA MARIE LEWIS,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on
February 7, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of
Intention to Request Entry of the Decree.
I verifY that the statements made in this Affidavit are tme and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorities.
DATED: '<~O-OS-
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eltran S. Estrada,
Plaintiff
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BELTRAN S. ESTRADA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-672-CIVIL TERM
TINA MARIE LEWIS,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 330UC) OF THE DIVORCE CODE
1. 1 consent to the entry of a final Decree in 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. S 4904 relating to
unsworn falsification to authorities.
DATED: j.... 3D - O~
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6. Plaintiff is a resident alien of the United States of America and Defendant is a
citizen of the United States of America.
7. The Defendant is not a member ofthe Armed Services of the United States.
8. The Plaintiff has been advised of the availability of marriage counseling and
understands that he may request that the Court require the parties to participate in counseling.
9. The Plaintiff avers that the marriage is irretrievably broken.
10. Plaintiff requests the Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff, BELTRAN S. ESTRADA, respectfully requests this
Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code.
Respectfully submitted,
DATED:
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Robert B. Lieberman, Esquire
500 N. Third Street, 12th Floor
Harrisburg, PA 17101
(717) 236-1485
Attorney for Plaintiff
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VERIFICATION
I verify that the statements rnade in the foregoing Complaint in Divorce are true and correct
based upon my personal knowledge, information and belief. I understand that false staternents
herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to
authorities.
DATED:
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Beltran S. Estrada,
Plaintiff
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BELTRAN S. ESTRADA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 05-672-CIVIL TERM
TINA MARIE LEWIS,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEAL TH OF PENNSYL VANIA
SS.
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for said Commonwealth and
County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law,
deposes and says:
I. That on February 7, 2005, a Complaint in Divorce was filed on behalf of Plaintiff
and against Defendant in the above case.
2. That on February 11,2005, I forward by certified mail, return receipt requested,
restricted delivery a copy of the Complaint in Divorce to Defendant, Tina Marie Lewis, at Rt. 2,
Box 187-E, Pennington Gap, Lee County, V A.
3. That the aforesaid copy of the Complaint in Divorce sent to Defendant, Tina
Marie Lewis, was delivered on February 18,2005 as evidenced by the return receipt card signed
by Defendant and attached hereto.
. .
4. That to the best of my information and belief the signature on the return receipt
card is, in fact, the signature of Defendant, Tina Marie Lewis.
~ B ~~JlER~AN F~q""'
Attorney for Plaintiff
SWORN TO and subscribed
befo,re. me lhis ;( 3'Zb day
of h?:ft-uAtL-Y ,2005.
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U.S. Postal Service
CERTIFIED MAIL RECEIPT
(DomestIc Mall Only; No Insurance Coverage ProVIded)
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i.OMMONWt:Al.J PENNSYLVANIA
NOTARiAL SEAL
CHERYL L FERGUSON, NolaIy NIlIc
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item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
Tina Marie Lewis
Rt. 2, Box 187-E
Pennington Gap, VA 24277
D. Is delivery address different from item 1?
If YES, enter delivery address below:
~e ice Type
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2. Article Number
(Transfer from service label)
PS Form 3811. August 2001
7002 1000 0005 3929 9658
Domestic Return Receipt
102595-02-M-0835
BELTRAN S. ESTRADA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-672-CIVIL TERM
TINA MARIE LEWIS,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 7, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of
Intention to Request Entry of the Decree.
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. 94904 relating to unsworn
falsification to authorities.
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Tina Marie Lewis,
Defendant
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BEL TRAN S. ESTRADA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 05-672-CIVIL TERM
TINA MARIE LEWIS,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(C) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! 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 tme and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
DATED: ~- J)-C~
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~arie Lewis,
Defendant
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this l1~day of ~~fJf ~
,2005, by and
between Beltran S. Estrada, hereinafter called "Husband" and Tina Marie Lewis,
hereinafter called "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were legally married on December 4, 1996, in
Winston-Salem, Forsyth County, North Carolina; and
WHEREAS, there were three children were born of this marriage, namely,
Miriam L. Estrada, Adrian L. Estrada and Diego L. Estrada; and
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations.
NOW THEREFORE, in consideration of the premises and covenants contained
herein, it is agreed by and between the parties hereto that:
1. SEPARATION
It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such place as he or she from time to time shall choose or deem fit.
The foregoing provision shall not be taken as an admission on the part of either party of
the lawfulness or unlawfulness ofthe causes leading to their living apart. The parties
agree that they have been living separate and apart at least since April 7, 2004.
2. INTERFERENCES
Each party shall be free from interference, authority and control 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 molest or attempt to molest the
other party, or in any other way harass or malign the other, nor in any other way interfere
with the peaceful existence, separate and apart from the other.
3. DIVISION OF REAL PROPERTY
The parties own no real estate.
4. DIVISION OF PERSONAL PROPERTY
The parties have divided their personal property to their mutual satisfaction.
5. EQUITABLE DISTRIBUTON
Except as specifically provided for in this Agreement, the parties agree that they
have satisfactorily equitably divided all their marital property.
6. PENSIONS
Each party shall retain as their sole and separate property any pension benefits in
their own name including, but not limited to, IRA's, 401(k) plans, 403(b) plans or other
pension benefits, including disability benefits.
7. MOTOR VEHICLES
The parties acknowledge the existence of a 1999 Ford Expedition which is
currently titled jointly with a loan due Ford Motor Credit. Wife hereby agrees, upon
request, to transfer all her right, title and interest in and to the aforesaid vehicle to
Husband. Husband agrees to assume the full and sole responsibility for the obligation
due Ford Motor Credit.
8, CREDIT CARDS AND LOANS
The parties represent that there are no credit cards or loans in their joint names
except for the obligation due Ford Motor Credit.
9. LIFE INSURANCE
Each party shall retain any life insurance policies in their names individually
including any cash value related thereto and each party shall have the right to name
beneficiaries of life insurance proceeds.
10. TAX RETURNS
For tax year 2005 and thereafter, the parties shall file separate tax returns.
11. CUSTODY
Husband and Wife hereby agree that legal custody of the parties' minor children
shall be shared and that primary physical custody shall be with Wife subject to Husband's
liberal rights of partial custody at such times and places as the parties may hereinafter
agree.
12. BREACH
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. The party
breaching this contract shall be responsible for the payment of legal fees and costs
incurred by the other in enforcing his or her rights under this Agreement or seeking such
other remedy or relief as may be available to him or her.
13. FULL DISCLOSURE
Husband and Wife each 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 and of
all other facts relating to the subject matter of this Agreement to which such party may
reasonably require to make an informed decision regarding this Agreement.
14. ADDITIONAL INSTRUMENT
Each of the parties shall upon request execute and deliver to the other any
documents necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party fails to comply with this provision, that party shall pay to the
other all attorneys' fees, costs and other expenses reasonably incurred as a result of such
failure.
15. WIFE'S DEBTS
Wife represents and warrants to Husband that 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 Wife 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.
16. HUSBAND'S DEBTS
Husband represents and warrants to Wife that 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 Husband 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.
17. 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, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the will of the other, and right to
act as administrator or executor of the other's estate, and each will, at the request of the
other, 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.
18. REPRESENTATION
Husband is represented by Robert B. Lieberman, Esquire and Wife, cognizant of
her right to legal representation, declares that it is her express, voluntary and knowing
intention not to avail herself of her right to counsel and chooses instead to represent
herself with respect to the preparation and execution of this Agreement. The parties
acknowledge that they fully understand the facts and their legal rights and obligations and
they acknowledge and accept that this Agreement is, in the circumstance, fair and
equitable and that it is being entered into freely and voluntarily, after having reviewed the
entire Agreement and that execution of the Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
19. TAX PROVISIONS
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 or 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.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other that those expressly set forth
herein.
21. PRIOR AGREEMENT
It is understood and agreed that any and all property settlement agreements which
mayor have been executed prior to the date and time of this Agreement are null and void
and of no effect.
22. MODIFICATION AND WAIVER
Any modification or waiver of any provision 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 of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature.
23. GOVERNING LAW
This Agreement shall be governed by and shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
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. 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 and 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.
26. ENTRY AS PART OF DECREE
The parties shall, contemporaneously herewith, execute Affidavits of Consent and
Waivers of Notice of Intention to Request Entry of a Divorce Decree in order to have a
Decree in Divorce entered in the case docketed to No. 05-672 in Cumberland County,
Pennsylvania.
",
27. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH
OF PENNSYLVANIA
Each party waives any claim that they may have against the other under the
Domestic Relations Code or other laws of the Commonwealth of Pennsylvania including,
but not limited to, spousal support, alimony, alimony pendente lite, counsel fees, costs
and equitable distribution of marital property.
IN WITNESS THEREOF, the parties hereto intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESS:
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eltran S. Estra a
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Tina Marie Lewis
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
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On thIS ~ 01. day of
-
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,2005, before me,
a Notary Public, personally appeared BELTRAN S. ESTRADA, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
Agreement, and acknowledged that he executed the same for the purposes therein
contained.
~~_tn, .It J:. i
Nota;~ . ~
".;OMMONWEAJJIL~~ PENNSYLVANIA
NOTARIAL SEAL
* * * * * * * CH~RYl L F~RGUSON, Notary Public
City of H81risbt.irg, Dauphin County
~'L~~.!~~ 1':.~il:~S APril B, 2008
COMMONWEAL TH OF VIRGINIA
ss.
COUNTY OF LEE
On this ~ay of
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, 2005, before me,
a Notary Public, personally appeared TINA MARIE LEWIS, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
Agreement, and acknowledged that she executed the same for the purposes therein
contained.
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BELTRAN S. ESTRADA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-672-CIVIL TERM
TINA MARIE LEWIS,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO: Prothonotary
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for Divorce: Irretrievable Breakdown/Mutual Consent under Section
3301(c) of the Divorce Code.
2. Date and Manner of Service of the Complaint: February 18,2005, on Defendant,
TINA MARIE LEWIS, as evidenced by an Affidavit of Service filed in the Prothonotary's
Office of Cumberland County on February 24, 2005.
3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce
Code: Plaintiff on June 30, 2005. Defendant on September 13,2005.
4. Related claims pending - None..
5. Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: July 5, 2005. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was
filed with the Prothonotary: September 21,2005.
Respectfully submitted,
DA TED:
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BY:~~.~
Robert B. Lieberman, Esquire,
500 N. Third St., Twelfth Floor
P.O. Box 1004
Harrisburg, P A 17108-1004
(717) 236-1485
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
BELTRAN S. ESTRADA,
Plaintiff
VERSUS
TINA MARIE LEWIS.
Defendant
AND NOW,
DECREED THAT
AND
PEN NA.
No. 05-672-CIVIL TERM
DECREE IN
DIVORCE
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BELTRAN S. ESTRADA
TINA MARIE LEWIS
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
2005
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IT IS ORDERED AND
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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;
, PLAINTIFF,
, DEFENDANT,
The Separation and Property Settlement Agreem..nt dated September 13, 2005
is incorporated, but not merged, into the withjLn Decree in Divorce.
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PROTHONOTARY
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