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HomeMy WebLinkAbout94-01708 -3C0~ ..,..::..........,..."......."._ ..'..' .. .... 'llC> .llC> .. .. .llC..I()llC>:>*XIlO<>>>..'*~~:,.,.~ ,,-- l~ 8 .. ~ ~ ~ , 8 IN THE COURT OF COMMON PLEAS 8 ~ OF CUMBERLAND COUNTY i ,. * . ~ STATE OF PENNA. ~ . "., .. I ~ ~ g ..,l?~y.I'O'..W:~PRJ.(WE:;>:., ,...,........................... ~ . ' No. .......~~.::.~..?.~~ ................. 1994 ,. ~,':, ...............,........,...,PL~I:~:FF..,....., ..................'" lil:\1 CIVIL TERM ~ 0;0 ...Mm~.JI,~RJ.E:...~OQR.:J:.GUE.Z ,..............,............. " ~ ~ 8'" ................DEFENDANT, . ...... ... ~ ~ ~ ; DECREE IN ~ ~ ~ ~ DIVORCE ~ ~ ~~ ~ ~ AND NOW,..... .........--'7....... 19~.~.. it Is ordered and $ o ~ ~ . ~ decreed that .......... .~~Y~P. .~9P~W?~!'l.z. . .. .. . . .. ... .. . .. . .., plaintiff, ~ ~,',' and....... ..... . .. .... .-l\~Nl\ .l:lMP;J;:. ~.QQI;l;r!3.QI;:~. .. .... .. ...., 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 ;:: l been entered; * .0. i ~,.: NONE '.' . ~ " ~ .. ,. ...... '0 .......... ........ .,. .0. ... ....0.. ~ ~ , ~ f.' D " <:' ~ '" ~ ~ 7- ;!l ~ ~ -- ?...:. .~.. --- - ------- ----- ,.-------..------------- --------------.....-...-.--..------.... -, j ~ ~~~~~~~------~~-~~~~-~. ,', ~ ~ ~ ,', ~ ~ ~ '.' :.1 '.' ~ '7 en . ~c~ "',.. 'JI ~~:) .~1 :..l;, ~;.r :~ "'-. f". ..I ;::~t"'). ' I...... I" \., .~.~~ "', ','" ':{:' x:: a- .... N -:r ..-..J .... W '" ;~ ~ l.~' . cz: "'t . cz: ~ - ~ :lQ= g c.l " = !: :;) ..l Ui >G :j :g < - .. u . ... .; c. ,., ... .., ~ >. M 1IJ - ... II .. 1: ,- - II ~ :c ... ~ .. ;; ... - 0 >G ... U - = < E - - .. - .. cz: < .., CJ !- < I:l, -- . PATRICK F. LAUER, JR Attorney II LIW 1101 Mark'l Strut ,\Itcc lJuildina Clmp 1111I. PA 17011 (717) 76).1 HOO " . ; " Ii II Ii II , I I i JI 1;,1 ANNA MARIE RODRIGUEZ, Defendant II iI " :1 II II i! :i ;, .f :! d ., DAVID RODRIGUEZ, Plaintiff I IN THE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I IN DIVORCE vs. . . : NO. 94-1708 CIVIL TERM SBPARATION AND PROPBRTY SB'l"l'LBMENT AGREBMENT 1994, by /6,d.. day of .L!:j /9 d- and between DAVID RODRIGUEZ, 301 East Main THIS AGREEMENT made this street, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and ANNA MARIE 'I 'I RODRIGUEZ, party of the second part, of 122 Easterly Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on April 4, 1992, in Hennipen County, Minnesota; WHEREAS, there were no children born of this marriage; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto and as a consequence, they have ceased living as Husband and Wife since April 1, 1994. WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their *....~ , ~!;:";'-~':~h",,,l#i';:f~' tj;;,~~,;':CC:"L"":1,:";"<~. '. '. I i i I I I considered under the Divorce Codel and, II , : i I I , I i , rights to alimony, support, and other matters which may be WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between theml and, WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the I' ,j " 11 , ,i q !! 'i I I , I mutually made and to be kept promises set forth hereinafter and resolution of their mutual differences, after both have had full and emple opportunity to consult with attorneys of their respective choice, and the parties wish to have that now agreement reduced to writing 1 and, NOW THEREFORE, the parties hereto in consideration of the ,I il for other good and valuable consideration, and intending to be Ii ,! i legally bound and to legally bind their heirs, successors, I assigns, and personal representatives, do hereby covenant, promise and agree as follows: , I ARTICLE I , i .1 SBPARATION i1 d 1.1 Ii il It shall be lawful for Husband and Wife at all times ,i hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall , ; i,' ~- j I , :, I I i i r:~ -'1 ju I' ,- :rf~.. ... '-'-j' ';,-L .:4:U II I, I' I I , I I '. '. respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other I ji I I I lj !I I' il Ii il II I, II II II II' II Notwithstanding the foregoing, ,I II 1I Ii Ii il i iI 11 !i " ;1 q to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCB 2.1 predicated on divorce. This is not Agreement in fact, agreed and it is, acknowledged between the parties that Husband has filed a divorce action against Wife at Docket No.94-1708 Civil Term 1994 on April 5, 1994, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code so as to promptly finalize said action. 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 the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or iiiP3~:-.::"-~ . '; il I i ,I II I :1 I I unenforceable in whole or in part. II Ii II I II 'I :1 Ii I '. Husband and Wife do each 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. 2.2 It is further specifically understood and agreed that the , , Ii it II ,j ;, :j provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of !i separation or divorce in any other state, country, or i! d jurisdiction, each of the parties to this Agreement hereby ;i " consents and agrees that this Agreement and all its covenants I " ;1 :1 ;1 'i :, :, i ! vary any term of this Agreement, whether or not either or both of shall not be affected in any way by any such separation and divorce~ and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or " the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or , -I '. . !j I' d i i :1 h I: i :1 decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III I i ,I 'I I , BOUITABLE DISTRIBUTION OF MARITAL PROPBRTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances" of each party, including federal, state and local tax ramifications, i 'I I, II 'I I, II i I i ! I' II 'I II !I 'I II II II i! Ii " " II I Ii II Ii I, parties. :j Ii iI ,I ;1 :i 'I i 'I ~ '. at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of 3.3 Personal Pronertv. Husband and wife hereby that all personal property that belonged to either party prior to the date of their marriage shall be the sole and exclusive property of the party to whom the property belonged prior to the date of the il Ii marriage, except that Wife agrees to give Husband her old love seat and kitchen table and four chairs. Husband agrees to give I !I Wife his dresser and two night stands. " " " I " Husband and Wife agree that all marital property shall be " divided in the manner described in the attached list at Exhibit 1; ;1 i "A". Any marital property not listed at Exhibit "A" shall be '! i considered as the property of the person in possession of the property as of the date of this agreement. 3.4 Real Pronertv. There is no real property jointly.or singularly owned by Husband and Wife. '} I I ! . . ! i 1 I I II i I I , Ii :1 ! . i i II costs associated with the aforesaid vehicle, except that Husband '. ij Ii I " :1 Ii d ii 3.5 An"""ls. Wife will keep the purebred miniature dachshund. 3.6 AutOlDObileB. Wife shall retain the 1994 'Red Accura Integra, VIN 'JH4DC4353RS025014 and will hereafter assume all payments and agrees to maintain insurance on the vehicle until July 1, 1994. Wife agrees to provide monthly payments in the amount of sixty dollars ($60.00) per month to Husband until July 1, 1994, in return for this continued coverage. Husband will transfer title of the aforesaid vehicle to Wife upon proof of payment of all I ,i remaining car payments. Wife agrees that should she fail to make !I two monthly car payments to GMAC for the 1994 Red Accura Integra, I: " Ii that she shall agree to relinquish title of said vehicle to Husband and waives any interest in said vehicle. Should it become necessary for Husband to enforce said agreement, Wife shall be liable for all delinquent car payments while the vehicle ;1 , was in her possession and she agrees to be responsible for all ! attorney fees and court costs necessary to enforce said :.1 agreement. Should it become necessary for Husband to repossess : said vehicle, Wife shall also be responsible for all costs " , I necessary for Husband to retain possession of said vehicle. Wife agrees to obtain liability and collision insurance coverage for the 1994 Red Accura Integra. Wife agrees to provide to Husband the name of the insurance company and the policy r:"'""-~""'. ~ <<. I, I, I I I I number and a copy of the policy. Should Wife fail to maintain insurance, it shall be a breach of contract and Wife shall be liable for all costs of insurance, attorney fees, and court costs. Should Wife fail to maintain insurance on said vehicle, I I I I I I I Ii i I balance. II il I , I Wife agrees that title to said vehicle shall revert to Husband, and Husband has the right to sell said vehicle. Should Husband be required to sell said vehicle for less than what is owed on said vehicle, wife shall be liable for the outstanding loan Husband shall retain the 1994 Black Accura Integra and will hereafter assume all costs and payments associated with the aforesaid vehicle. 3.7 I Debts. Husband and Wife agree to divide their marital debts ii 1 in the manner indicated in the attached list at Exhibit "B". I Husband and Wife agree that the debts assigned to them are II Ii hereafter their sole and complete responsibility. Husband and iI Wife further agree to indemnify and hold harmless the other party for any costs relating to these debts after the date of the signing of this agreement. 3.8 Securitv DeDositl 1993 Income Tax Return. Husband and Wife agree that Husband has provided Wife the parties 1993 income tax refund. Wife will retain the security deposit on the 122 """..'~.', > ,I II II ! i 1 , 'I 1 I I II I II ,I I, II !i " 11 \1 II II il 'I " I, il II :1 II " " :1 ~ ~ !I ;! l] " 'I !! . lj ,; " 1 I i i 'I :j .. I , ~ Basterly Drive home, which is leased from Dick and Janet Wilson, at the conclusion of the current lease. 3.9 Joint Accounts. Husband and Wife agree to close any jointly held accounts within thirty (30) days of the date of this agreement. 3.10 Social Securitv Number and Identification Cards. Husband and Wife agree that neither shall utilize the other's social security number for any purpose. Wife agrees to return her military identification card to Husband on the date the Affidavit of Consent is signed. Husband shall remit said identification card to the military upon receipt from Wife. ARTICLE IV 4.1 Insurance and Benefits/Finalization of Divorce. Husband and sc'r~w..b~ I Wife agree to sign the Affidavits of Consent on a. ..l___ I_L ~ , ~~ ~ 1994, so as to allow Wife to continue to have access to health care, dental care, the PX, and other benefits. Husband and Wife agree to promptly execute the necessary Affidavits of Consent.~ ~L i! as te .!.lbw fell: rlIlzrii.-n-ti_f-4tRFd'tver ~e ilmnediate1.)!o- <upon- J)JL-(l, ,I '. ~~"s-9iigilSi-}~y-for-n.a-l'th=oaJ;v- Iaenefits frelll he~ BIIEEeRe J)Jl. fIl 9mpl~~ The parties agree that should Wife not receive health care benefits from her current employer, the Affidavits of . s~bf;1Z Consent shall be sJ.gned by no later than 9_' l J 1, 1994. SOL .. Dx- > " WifA ~--~..... ..119!bl.. f.UL !teZllalh...,..... bemrf.ity ~LluL ~I. Qeteber t, coffl-Il{ .18IU, wife sh~-immedldtely s1<,1u-tb~ffidavll. u! Cunll..lIl.;;!i lilt Shonl tI wi fA nnt- sign 1.1... Attidavil;1I of Conll..nt ..~'::'u th.. .1..1.0$ Dh~b,{.. i A AU.gibls f.M: heal-th-c&re-..banefi'-. --,,-Should it bscomek~tk. necessary for Husband to enforce said agreement, Wife shall'be liable for attorney fees and court costs to enforcs said agreement. 4.2 Assistance from Husband. Husband and Wife agree to waive I I I I I I I \1 I Accura Integra, VINIJH4DC4353RS025014. any past, present or future claims to spousal support, alimony, alimony pendente lite. Both parties waive rights to their respective pensions. This consideration for this agreement is that Husband obtained financing for Wife regarding the 1994 Red , , I !! 11 I I , I I ARTICLE V MISCELLANEOUS PROVISIONS 5.1 Each of the parties agree that should either of them be in II breach of contract and fail to comply with the terms of the !\ II il Ii' " ,\ Agreement herein or it is later discovered that either party has breached this agreement by failing to fully disclose assets prior to the effective date of this agreement (See Paragraph 5.13), that the breaching party shall be responsible for all court costs and attorney fees to enforce the Agreement. 1 ! 11 Ii iI I I i I, I' I their legal effect have been fully explained to the parties by , i II i\ Ii I' ,[ ;; 11 II II " " I' ., i' :1 ! q !{ 11 Ii !O ,I :i .j '. 5.2 Advise of Counsel. The provisions of this Agreement and their respective counsel. The parties acknowledge that they have received legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 5.3 i: Counsel Fees. Husband and wife agree to be responsible for I. I I their respective attorney fees. i , 5.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or II against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time <, I II II II 'I L 11 I 'I II " :1 'i 'I I ,i " 'i !; hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouses's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth of territory of the United States, or (c) any country, or any rights which either party may have or at any time 'i I, i! i , 'I i hereafter have for past, present, or future support or .j ,I maintenance, alimony, alimony pendente lite, counsel fees, costs I I , or expenses, whether arising as a result of the marital relation i ',; " " or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. i! :! . .. I: Ii 5.5 II It I ~ II 'I :1 II I, Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this " :\ I q Agreement. Each party agrees to indemnify or hold the other ,I 'i , I party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this i , I I Agreement. I I I ,\ " " i 'I iI ii ,I Ii Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the ether after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter :\ incur any liability whatsoever for which the estate of the other may be liable. 5.6 " I No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both ! :1 parties and no waiver of any breach or default shall be deemed a l! I waiver of any subsequent default of the same or similar nature. 5.7 Husband and wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, ,I II II I I i i - r::""-~-,'~"""r',~ "'-"""1"V1 satisfactions, deeds, notes or such other writinqs as may be necessary or desirable for the proper implementation of this Aqreement, and as their respective counsel shall mutually aqree should be so executed in order to carry fully and effectively the terms of this Aqreement. ~ , I ! i ! i ii if :1 5.8 This Aqreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect-as of the date of execution of this Aqreement. 'i 'I I 5.9 This Aqreement shall be bindinq and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assiqns. 5.10 This agreement constitutes the entire understanding of the il parties and supersedes any and all prior agreements and 'I jj negotiations between them. There are no representations or warranties other than those expressly set forth herein. 5.11 1: Severabilitv. If any term, condition, clause, section, 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. !I I I I ! Likewise, the failure of any party to meet his or her obligation I under anyone or more of the articles and sections shall in no I I II II constitutes an equitable distribution of property, both real and I I i I i I II II q :1 !I II il way void or alter the remaining obligations of the parties. 5.12 It is specifically understood and agreed that this Agreement personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 5.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. :i " !I 'I I , , I I survive any action for divorce and decree of divorce and shall I I , 5.14 Enforceabilitv and Consideration. This Agreement shall forever be binding and conclusive on the parties, and any " independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein i I 'I [, , I , I , I I i i I II II I, Ii determined through appropriate legal action that the alleged II 11 il I, I, II Ii , I ! contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either breached party the aforesaid Agreement it and is party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. i I: Ii 'J?;;;~J=J, Ij ~ :1ff'M4 ~ ! , !I II , I : COMMONWEALTH OF PENNSYLVANIA ) . SS COUNTY OF C v rn .iJ M 14 " r, j On this the /0 ~ay of /flM.., 1994, before me, the undersigned officer, personally appeafed DAVID RODRIGUEZ, 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. IN WITNESSES WHEREOF, I hereunto set my hand and official seal. Nolarial Seal MaI1ha L \lontm. NotaIy PtAlIc canoo Boro. Cl.ntlertaIif COlriIy MyCon".......,E>iplrOSSl!p. 18. 1!l95 ember. '/t 01....1./-1' tt or? f(Jn' b"J COMMONWEALTH OF PENNSYLVANIA ) \. . SS COUNTY OF C v 'Yo b VI. ( It. '" I ) j On this the II ~y of ;YI/tfd-- , 1994, before me, the undersigned officer, personally appeared ANNA MARIE RODRIGUEZ, 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. IN WITNESSES WHEREOF, I hereunto set my hand and official seal. ,I 'I ~t~<jJ2cJP;~JJW- C r;:"",!Seal Mar.M L "CIt:)^. Notary PtAlIc Cp""". eo., CurOOe~.an:t M,C"'1I1'~Ex;i,osSl!p. ~ /lUll';;;:'. P&rllS';tv:IIwAssoc:iAbOii NoIatIai I II I I I 'I I, I I 1 I I II I, Ii " II j! d Ii II ;1 \' !j ;1 II I I ! EXHIBIT "A" PBRSONAL PROPBRTY DAVID . . ANNA MARIB I I I Waterbed Camcorder TVIVCR unit Sofa & love seat Sony telephone (wireless) Kitchen table wi 2 chairs Step Master exerciser Two end tables Chifferobe (old) Dresser (old) Desk wi chair Twin beds Small indoor grill Coffee pot, toaster, . . I I I blender I I Ii I d I II I, I i I I Ii Ii I 1 !1 I , i i! , Ii " i I II I 1 I I BXHIBIT -B- DBBTS DAVID ANNA MARIB Security Pacific (bed) VISA (Anna Rodriguez) American Express card Lerner's (store account) : : I I i II I I I I I I I I I Discover Card VISA (David Rodriguez) Mastercard (David Rodriguez) Crestar Smar~ Account . . . . : . . II (,'., ,',"~" DAVID RODRIGUBZ, Plaintiff : IN THB COURT OF COMMON PLBAS OF : CUMBBRLAND COUNTY, PBNNSYLVANIA : : NO. 94-1708 CIVIL TBRM : : CIVIL ACTION - LAW : IN DIVORCB v. ANNA MARIB RODRIGUBZ, Defendant PRAECIPB TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following II information, to the court for entry of a divorce decree: I I i I I ! 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. (Strike out inapplicable section) No. 2. Date and manner of service of complaint: Certified Mail Z 088 410 241 served on April 13. 1994. ! 3. I A. Date of execution of the Affidavit of consent II required by Section 3301 (c) of the Divorce Code: I by the Plaintiff 9-1-94 ~ il~by the Defendant 9-1-94 . II B. (1) Date of execution of the Plaintiff's Affidavit :1 required by Section 3301 (d) of the Divorce Code: . 'I (2) Date of service of the Plaintiff's Affidavit i' upon the Defendant: . I , I , Complete either Paragraph A. or B. 4. Related claims pending:NONB-ALL MATTERS SBTTLED 5. Indicate date and manner service of the notice of intention to file Praecipe to Transmit Record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code -t.i0',/C ~v:) atrick F. Lauer, Jr., Esquire Attorney for Plaintiff 210B Market Street Camp Hill, PA 17011 (717) 763-1800 . . r ~ ~ ~^ i I 6; .. ~f: "z ""r;;~~! ~zt,~ 1,-0 w;#> ;L. :c~.--J '".:~~~ ,..,...... l:J-: ';J;l.i.f .1:... a.. 1-.... => .~O o :Ie a- N N -:r C"-.I "- W V") " I Ln >-.... ..r:.._ ;::1': I.t (-,:-.'--1' ~l''''U~ t':OV".f. ..._ o1:r.)-- ., ,.- 'r. . ~j ..... '-~;;~~ "jIU"'--:' '. _.<(1)l.l1 j.:~ X l__ :.:> ~U ~ ; ~ln\c) al-.c) CCf \'\J ...... '- ~ -:r en . '::.I ~ .......... :z:: c- o ;:zo N ... a.. -=z .B'~' ~ ~~~Ci:~ " ~ I) ci ~,~ \,,., '(y.:> A V<:::> ...." '\) .....s <:::l Q ~~ ~~ .... ( ~ 18 \- ~ . =: ., - =: ~ <l 101 0: ",,= :;) u - oJ ~ = r- :; < .. Vi :2 .. oJ 0: <( - u .:; Q. , >>1:'! M :..: a:J ,., .. '" " ~ E :E u i - u S r- U 0 .. ... .. = <( " - .. e ~ =: -< ,.., '" !- u < =.. . . . . . PATRICK F. LAllER, JR AIIOrne)' at I.a.. 210M M.f~('1 Slre..:l .\'Itl.' IhHldinl~ C1rnr 11111.11,\ 171111 (717) 16,\.) KflU i :1 I' II II 11 DAVID RODRIGUEZ :! Plaintiff II II II II iI II 'I l' .. :-~~; .>'J'i>_ l~'I;L v. I I I I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA NO. q~- 1108 ~....::1~ CIVIL ACTION - LAW I IN DIVORCE . . ANNA MARIE RODRIGUEZ, Defendant . . . . NOTICB You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt I action. You are warned that if you fail to do so, the case may I , proceed without you and a decree of divorce or annulment may bel 'i entered against you for any claim or relief requested in thesel ,i papers by the Plaintiff. You may lose money or property or otherjl :1 rights important to you. r I il When the grounds for the divorce is indignities orl q irretrievable breakdown of the marriage, you may request marriage I ij A list of marriage counselors is available in the! :1 'I i counseling. Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania , I ! ,I ,I '! 1 Ii ; ~ 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. 'I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCB. IF YOU DO 'I :' NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE i OFFICE SET FORTH BBLOW TO FIND OOT WHERE YOU CAN GET LEGAL HELP. Ii COURT ADMINISTRATOR CUMBERLAND CO COURTHOUSE 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE PA 17013 3387 (717) 240 6200 t:?~,,,":,,,,,,,,-,,, DAVID RODRIGUBZ, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. CIVIL 1994 I ANNA MARIE RODRIGUEZ, I CIVIL ACTION - LAW Defendant I IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301 ICI AND 3301 IDI I I AND NOW, comes the above-named Plaintiff, David ROdriguez, by Ii and through his attorney, The Law Offices of Patrick F. Lauer, Jr., III Jerry W. Brown, Bsquire, and makes the following Complaint in Divorce: Ii 1. The Plaintiff, David Rodriguez, is an adult individual who II currently resides at 301 East Main Street, Mechanicsburg, I' Ii Cumberland County, Pennsylvania. II 2. The Defendant, Anna Marie Rodriguez, is an adult individual III' who currently resides at 122 Easterly Drive, Mechanicsburg, L Cumberland County, Pennsylvania. II 3. The Plaintiff and the Defendant have been residents of the I Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on Aprii 4, 1992, in Hennepin County, Minnesota, and were separated on April 1, i' ,: 1994. !; :: 5. There has never been a prior action of divorce or annulment i, , :; between the parties. Ii 6. There are no children by this marriage. ~t":~:;r;;~".~~.' . 'I il II I, II " Ii I i I II I. !I 8. The Plaintiff has besn advised of the availability of 'I marriage counseling and that the Plaintiff may have the right to :1 ;, request that the Court require the parties to participate in i! 1 1 counseling. I 9. WHEREFORE, the Plaintiff requests this Honorable Court to . , . . 7. The marriage is irretrievably broken. : enter a Decree of Divorce in this matter pursuant to 3301(c) or ; ~ 3301(d) of the Divorce Code. Respectfully Submitted: Ii 'I " 'I !, !i II I' :1 II :I !i Date: I' d Ii I , . Brown, Esquire rket Street ill, PA 17011 (717) 763-1800 Supreme Ct. IDi 65345 r!r/7~ . , 1 I 'I I Ii " I' 1 I I, 't Ii I, d " 'I I, I: " !' . \> .( ( To ~. ,- ';':"'-"~";'~" ----~ ...._"'...,~"- .;...~ " _~:1'_-!";' ~~...'d; "l .... . , # VBRIFICA'J.'ION I, DAVID RODRIGUEZ , state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the above CO MPLA III T are true and correct to the best of my knowledge, information and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. 4904. j~;7'l:i Date: 4-4-1994- f" {:r;~""r:'" ',' . '" .,,',",., }~~:~'.'-",,:~~ ";':~'~i~ ~ ~-<.... tr . , . . DAVID RODRIGUEZ, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94-1708 CIVIL TERM I I CIVIL ACTION - LAW I IN DIVORCE v. ANNA MARIE RODRIGUEZ, . Defendant AFFIDAVIT OF CONSBN'l' 1. A Complaint in Divorce under Section 53301 (c) and 3301 (d) of the Domestic Relations Code was filed on April 5, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of Complaint. , j. I i II Ii I II ! I 'I II 'I II II :1 II 'I Ii 3. I consent to the entry of a final decree of divorce. 4. 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. I verify that the statement 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. 54904, relating to unsworn falsification to authorities. j1~~i., ~-I. '1'1 DATE I; ii 6; - >-.. "'- ~:c... u.rc..-..":J~" (,.11 J: <;. ';r -ciu--t ~':J:o~ -:~ ~-~ ~:';; 'l':. ,~. .. . - . .~::; , ,.1 ~:~ ...... ;:::';'.:l,. ... _. :::> ~c..' =E .-. N -::r C'o.l .... u.I ." . 1::,.... . ,~." - , o. f., ,. ."' ,! ,,' Ii l~ \ II 'j,~ , !I II il Ii " ;1 " I' ,I Ii I' ,I ~----.-,..,--... !' . . . '. DAVID RODRIGUBZ, Plaintiff I IN THB COURT OF COMMON PLEAS OF I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NO. 94-1708 CIVIL TERM I I CIVIL ACTION - LAW I IN DIVORCB v. ANNA MARIB RODRIGUBZ, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 53301 (c) and 3301 (d) of the Domestic Relations Code was filed on AprilS, 1994. I ;1 II 'I I, Ii ;1 " i! I' ~ : 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. I verify that the statement made in this Affidavit are II iI " 'I , ,I " I , , I I i 'I II I :. II " ,I true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. 9- 1-9'1 DATE " Lh:\WL)J,I. Anna Marie Rodriguez / 6; - ~ .... '" -=r "1 - J4 "'". ...... ., '~ ".:";3;~ t,.11.'~ 71 -~.1u:", --:.- j~ ::J ..., o'-T.; . ....~ ..11 .J; , , 1~1..r: . .J :~:) ~~ j . ".'I:'" '" Ot.l . .. . . . ;' ! i ,I DAVID RODRIGUEZ, Plaintiff I IN THB COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PBNNSYLVANIA I I NO. 94-1708 CIVIL TERM I I CIVIL ACTION - LAW I IN DIVORCE Ii :1 I, '. i! i; ii , 'I 'I " Ii 'i v. ANNA MARIE RODRIGUEZ, Defendant AFFIDAVIT OF SBRViCB TO THE PROTHONOTARY: I, Patrick F. Lauer, Jr., Bsquire, verify that I have served the Complaint upon the person indicated below first class, Certified Mail No. Z 088 410 241, postage prepaid mail pursuant to the requirements of Pa. R.A.P. 1211 ~il:,~,~,''';''''''',;~21~~_. ':1~, e~."." ,3.I!ld....b.'. ,', ',',"., Ii,';., , ~ "*,:.::.r:=,~~,!"","~.f,ll1It'~~~...~ . '. !A\!Nh _lOdio l~ of tho moIIpIoco, Of OIl"" ...... il ..... " ~=R~C;JI~'~~~"""'d.e";";;'~' ., ""J""'1lKoIpt~ _to whom tho ..- wndoMted..... Iho_ t~rtJcIe Add_ to: -~ :.,'tt<-:'... '. '_ -.'_ . ,'~e-5: DNtV4'I'>1AtJ'6. ROOR.16-~6' "0/"'"",,--,>, , ; ,i:4:D.:,::~MTfg"r f.) ,erfl~ :;ll~;{dlA.1L'i~1I,('6- P/r ' ,." <;~.",.H", .,'.,'",. (705- ,~..;~r.,~~ ' 1 " ,... " I 'j ,I 'I '! ! , 'i , , " '-, '.r -:i:':, :,;.~-'f_:j~ ESTIC RETURNRECElPTZt7; ,-, - '-~:/,~~~~_:>; Date I t1'. /. 1ft Respectfully Submitted: / ' ~II~ atrick F. Lauer, Jr., Bsquire 2108 Market Street Camp Hill, PA 17011 (717) 763-1800 Supreme Ct. IDi 46430 ~' , ,..;-..,.....--.- ~ ~ li~ ::c: c'- o~ t~. ..... .0= ~\J -::r "l ... ~ .. ,~! '.