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HomeMy WebLinkAbout95-03095 i.. 1 ; ., ""l' -:,,"'.,..',' c. .cC', y,; ~~ ':-' . t~~<. ' -:: c~-::' ..- ~. A j l() ~ I i l.()i 0-1 ! , ~ ,. . .._..... .. .....:'!--..:....._.~..~~..!!~.:l!.._~~~. ... ... ... ...y~.lI<~ltCC__,...._'~.c~ - . : IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY . . . . STATE OF iaIof PENNA. .. : ~ ~ . . . RIIONDA K. IIERNANDEZ:! . . I Ntl.JO~:L,,,,,,, ,,,,,,,o.f.,,,, 11) 95, i .. . V,",',,," . . WILLIAM IIERNANDEZ ,I .. .: ... " ,I . I i 8 DECREE IN .. ~ DIVORCE ~ · n"A_ J · ; AND NOW, ....,~~.. ~~...,.... 19 ,l},l?.. It I. ordered and . iIIi.,:, decreed that,.., .R~.o,N.oA. ,K,., .H.F.,~~"~~F.,~. ,.., . ........., ....., .... plaintiff, ~ !II/ and. .,.. .. .. , .., ,\o!l~q~.I,I~~~i,\~~~~.. , .. , .. , , .... ' ,.. .. , ...... defendant, ; : are divorced from the bond. of matrimonv. " ,.,' The court retains lurlsdlctlon of the following claim. which have ~ been raised of record in this action for which a final order hat not vet . been entered; , . .. , ,",' .liQijl;" ,TI,II.uI~\\JTt\\.. SH'j'U:M~N'j', MlR~:m'W{f, JlJ\.TJ-:.IJ. D.E.llF.MI\ER ,3., .L'1'16. .IS.. . . . . ., ,. , ,~~~9~~9~T~~ ~H:m~I, W.r, ~P:r, tt~:~9~P.." ..., ,. , ". . . ; . : n y T h~\ Co" . '\:- .. , ^":'l':-~((~(/,,<.; I' ..<kdi-r /.t.~",(~ J. : ~-_-__ ______ :~~'::~~:_~:':':"::.J :-Pftf aVdlff~,,,~?b -r'ff - jV' j;J 9t '-J1.1'~ .M~ -d .~ ~~ ... . . M t\IUl'...AL-ti...:Lr.LliM I'; NT AG 1\ gl';M NNr . I I 'I'JIlS ACIIUmMgN'I', IIllldllthis --;,tl( dllY of Dccember, 1006, by and between IlHONDA II1mNANIJI~Z or 1()7liA Huron Drive, Harrisburg, Dauphin County, I'onnsylvuniu, 17111 Olllwinnfter "WIFI~") IInll WILLIAM IIImNANIJI~Z of 5078 Stocey Drive EIIst. Apllrlnwnt 20", Hllrrisburg, DlluJlhin County, Pennsylvania, 17111 (herelnafler "HUSBAND"); WIT N J'; S S I~ 'f II: WIIEREA.'i. Iho 11IIrties horoto were mnrriod on April 27, 1080 at lIorrisburg. Dauphin County, I'IHlnsylvllnill; lInll wnEIlFAS, tho pllrtics nro tho naturnl parents ofWl11lntn Hernandez, Jr., born on Morch 211, \!llll; nnd WlmlmAS. IIlVlJrllllunhop(1y IHfTllroneos, llisputes nnd dilliculties have orisen between the snld (1nrtill!lllnl1 it is thereforo their intention to live separato Rnd apart fill' tlw r(!8tllf Uwir IlV!'8 IInll to HolUe fully lInd nnlllly Uw1r nnnncinl nnd property righls III1lI ohlignlion8 lH'tw!'1'1l 1!lIl:h otlwr, NOW 'l'I11';lmFOIlE, in onnsidorntion of the oovennnts onll promises Ill1roinllliN 1011(1 kOllt fIIlll pOl'forn1l'll hy onch pnrty lIIHIllltending 10 be legally bound hlll"l'hy, Iho (111I'1108 ,In IIl'l'ohy lIgrr!llllB fO\lOW8: I'ngo 1 of II I. ^DVICg OF COUNSgJ, Both 111I1'liPRncknowlmlgo thntlhoy hnvo hoon nlTordl!llthe oJlJlortunity to consult wilh nn nllorney of their choico Jlrior to signing this ^greement. HUSBJ\ND is reproRenlod by Dohrn A Donison, gsqnire. WlFg is cognizlInt of her right to legnl reJlresentnlion nnd declnres thnt it is her eXJlress voluntnry and knowing intention not to nvnil herself of her right to counsel nnd chooses inslend to reJlresent herself with resJlect to tho prepnrnLion IInd execution of this ^groomenl. The pnrlies further declnro thnt onch is executing the ^greoment freely nnd voluntnrily hnving either obtnined sufficient knowledge nnd disclosure of their resJlcctivo legnl right..q nnd ohligntlons or, if counsol hns not been consulted, expressly wniving the right to obtllin such knowledge. Tho pnrlies onch ncknowlodgo thnt this Agrooment is fnir nnd equitnble nnd is not tho result of nny frnud, coercion, duross, undue influence or collusion. 2. SUnSF,QUEN'I' DIVORCE An nction Ill,oking the dissolulion of tho mllrringe is Jlelllling in the Cumberlnnd County Court of Common Plens nnd bellI'S docket number 95.3095. HUSBAND nllll WIFE ncknowledge thnt Ihe marringe is irretrievnbly broken nnd each ngroe to IIXlIcute both nil Affidnvit of ConsllIlt for divorce nl1ll n Wnivor of Notice of Intontion to Hoquest gntry of n Divorce Docroo concurrently with this Mnritnl Settlement All'reoment nq Ihe ninety (DO) dny wnltir1ll' period provided for under the Divorco Code hllRexpired. Thill Agroomontls to ho incorporatod, hut not merged with tho llivorco decree. I'ngo 2 of 0 :1. SI<:1'AHNI'ION illiD NONINTF:m"lmF:NCF: Il will ho Inwfullilr onch (lnl'ty ntnlllillles herenftor 10 live sepnrnte nnd upnrt from Ihe othor (lnrty nt such plnce or plnces ns ho or she mny from lime to lime dlllosn or dl'OIll lit.. gnch Plll.ty shnl1 ho I'rcn frolll inlol'fel'ence, nuthorlty nnd control, direct or indired, by the other, ns fully ns ifhe or she were single nnd unmnrried. Neither shnll bother the other or cOlllpel or endenvor to compel the other to cohnbit er dwell with hilll or her. 4. jWrF:CTIVF. ONI'F: This Agrcement shnll be elfective on the date above first written if both parties sign on the snllle dnte; olhorwise, it shall become effective upon the signing by the Inst pnrty 10 do so. u. W AltRAN'I'V OF DJSCLOSUH1~ F:nch pnl't.y 11l11'l!hy conlirllls thnt hI' or she fully understnnds the torms, conditions nnd provisions hcrool' nnd holiovos snllle 10 be fnir, just, ndequnte Rnd rensonnble undor the oxislinl{ fnclllnnll circulllstnnces. '{'he pnrties further declare thnt onch ill execul.inl{ IIIP A~I't'l'llIl'nt. ('r(,I,ly IIIIlI voluntnrily, hnving oHher obtnlned sufficicnt knowledl{e nnd disdosul'C or their rl!Slwctive legnlrighls nnd obligations or, II' counsol hils not Iwon consultlHI. I'xprl1ss1y wnlving t.ho I'il{hl to obtain such knowlodl{l1. Thn pnl'ties t'IlI,h Ilcknowh!lIl{o thntlhis Agroclllnnt is fnir nnd equltnble nnd is 1I0t the result or IlIlY 1"'11\111, cucreiun, durcss, unlluo influence or collusion. Pnge 3 of 0 ". (I. rnllB.QNMLrltQfiaITY WII~I'; 11111111 USHAND hllVll proviollMly IIlfrN'lllo tl\l! lIistrilmtioll of 1111 items of personlllllroperly. WIFE IIlfrres Ihllt 1111 such property In the possession of HUSBAND shllll ho Iho solo IInllsppnrnto proporly of HUSBAND. HUSBAND IIgrees thllt 1111 Much pl'ollUrty ill pOHHeHMioll or WI 1<'1'; shnll he tho sole IIIl1lsopllrlllo proporty of WIFE. Elich or tl\l! 11IlIth-s dOllS IlL'l'eby spccifiClllly wllive, relellso IInd renounco any rUl'tlll'r c:lllillls with I'PSllPd to saill ilpllIs, 7. HgAL I'ROl'lmTY WIFI'; IImlH USHAND IlI'fl!hy IIcknowled!fo that thoy IIro tho owners of cel'tllln 1'(1111 pl'OlllH'ty loclltl'd lit 222 Soulh Seconll Streel, Wormleyshurg, Cumberlllnd Coullty. Pl'lInsylvllllill 17043, SlIid IlIm;tnl resilience has been plllcod into foreclosure procoodin!fs 111111 hilS IH'I'II IIRIlUIllOII hy Iho hllllk. II. IlMUUmr,:rCY FILtN.Cl AND D1mT Bolh plIl'lil'H hllv(' filplI Sl'plIl'lIl.1' hllllkrllplcy fII:l.ions 1'111' both joint nntl intlivillllllllll'hts, IIUSBAND rl'presl'lIts 11I111 Wllrrllllts to WIFI~ Ihat slnco tho scparllUon ho hilS nllt, 11111\ ill IIII' I'lIlul'l' III' wlllllot. eonlrl1l:lllr illcur III1Y lIebt or IInbllity for whkh WIFI'; or 111'1' I'stull! llIiJ.:ht III! I'PIlIHlIlSihlll. IInlllw shllll illlll!lllllify nnllsllvo WIFE hnl'llIll'lls f'I'llIllIlIlY ullllulI c:luimll llI' dOlllflllll.H mnllo n!fllillst hor hy rl)ASOn of such dobts Ilr ohlilflltiolls illcurrl'll hy him HiIlCl! tho dnto of sl\iclsopllrlltioll, oxcollt liS othorwlso sot fllrlh IlI'fl.in. I'nl{o 4 of 0 .. WII~g fl!JlrI'Hl'ntsllnll WlIl'l'lInts to HUSBAND thllt. since the sellllratlon she hilS not, IInd inl.he fllllll'o Rho will not. contrm:t or incur IIny debt or liability for which HUSBAND 01' hiA osllltlll1li~ht ho I'c!RJlonslblo. IIllllshe shll11 indemnify IInd sllve HUSBAND hlll'mll'RH fl'olll IIny IIl1clllll c1l1il1HIOr clmnlll1ds mllcle IIgllil1st him by rellson of sllch debts or obli~lItions inclIl'!'ed hy Iwr since the dnte of slIlelseJlllrlltien, except as otherwise set fOl'th hOl'ein. 9. VlmlCLgS HUSBAND IIgrees thnt WIFE shnl1 retllin possession of IInd receive liS her solollnd seJllIl'lIto Jll'oJlc!l'ty tho !!l8B Dodgo Shndow. WIFE shallllssumo responsibility for pllyment of IIny outstllncling indebtednoss pertllining theroto and insurance thoroon. WIFE shnIl inclemnify IInd hohl HUSBAND and his proporty harmloss from any lillbility. costs, or expel1se. including attorney's fees incurrod in conncctlon with snid vohlclo. WII~E lIgl'lWS thllt HUSBAND shlll1 retnin possession of and receive as his solo IInd Hl'plll'lIto JlI'oJWl'ty Uw 1!1!12 Nisslln Mllximn. HUSBAND shllll IIssumc responsibility for JlnYJllont of IIny outstnnding indebtcclness pertnining thereto IInd insurnnco thereon. HUSBAND shnll indemnify and hold WIFE IInd hor property hllrmloss frolll IIny Iillbilit.y. costA, or eXJllJnse, including IIttorney's foos incurred in connection with slIlel vohielu. Pago /} of 0 Ill. 1'1';NSIOtulli12JlliT.lUl~MEI'.'I'I'I'I.ANS HUSBAND IlI'l'l'hy wniwH nllll rl'linquislwR nny lillo, right or internsl to WIFE's 40 IK retirement plnn, tl033 I Ii 13.110, Ihrough the Penllsylvnnin Medicnl Socioty nlld WIFE's Jlellsioll plnn through tho 1'Illlllsylvllnin Mellicnl Society Linbllity Illsurnllco ComJlnny. HUSBAND hns no IWIlHioll 01' relirmnellt benefits. II. SPOUSAL SUPPOHT. AJ.1MONY PF:NDRNTR LI'I'K AND ALIMONY WIFE IIlld HUSBAND do IlIlreby wnive, relollso, dischnrge nnd give up nny rights which either mny hnve ngninst t.ho other to receive sJlO\lsnlsupport, alimony penlhmt.1! lito 01' lllilllony, 12. 'I'AX 1'1lOVISIONS The pnrtills hnVl! ngrcml thnt for Income Tax 11\I1')10Ses, WIFE shllll dL'CIaro WilIlnm Hernnndez, .Jr.. ns II delllmdllncy exmnption. 13. Nlvl'OIlNIW FlmS. CaUlt'I' COSTS Ench Jlllrty shnll be respenslhlo for t.holr own lognl fees, costs, nnd eXJlenscs incurred in connoclion with thoir sepnrntion nn(l/or tho dillsolution of their mlll'l'ingp. 1II111thp IlrPllllrlltioll 111111 ('"pelltion of' thiH AgrnPllwllt. 14. MQDlElCf\TION No mmlifklltioll. rescission, nt. IInHlIHll1Ient 10 t.his AgrcHlll1ent shnll be olTl'ctivo uul(!IlH in writing sigllpd hy !'lIch 111I1'ty 10 t.his Agrl'oll\l!nt. Pngl! 11 of () Ir;. MUTUAL Iml,Jo:ASI'; WWI': IIl1d IltlSIIAND do hereby relonse ench olhcr from nny oUler c1nims with rCBpect to thc mllritlllllnd non.mllrillll asscts of the parties. Additionally, each pnrty hCrl!hy rolnllsl'H IIny illtnrl'st thllt ho or sho JIIny havc in the estale of the other. 16. MUTUAL COOPlmA1'ION WWI~ IInd HUSBAND shlllllllutulllly cooperllte wilh cnch other in order 10 cllrry through tho ll!l'Il1S of this AI,'l'OOlllcnt. including but not limited to, the signing of docuJllcnts. 17. J3RJo:ACII OF AOJmJo:MEN1' WIFE nnd I IUSBAND hcrcby nJ,'l'ce thnt if either pnrty breaches any of tho torlllll of thill Agrl!l!llInnt II III I II e1nilll or furthor legal nction is required, the brellching pnrty shnl1l'lJimburse the other nlllegnl fees and costs incurred ns a result of snltllll'llllch or c1nllll. 18. AOlUmMENT BINDING ON HEIRS Thill Agl'lH'lIIollt cOlllllilutes the linnl 1IJ,'l'eelllent of the pnrties and is bindinl,' upon thoir lll'il'lI, nllllil,'nll nllll 1I11l:CI'ssors in interest. 22. VOID CLMLSES [f' IIny lpl'lIl, conelition. e1I1UIl0 or provillion of this AlfrcOlllollt shnll be e1ntprlllilll'e1 or ,1I.e1I1l'pelto Ill' voill 01' illvlllill in IlIw or otherwillo, IllI'n ollly thnt lorm, Pnl,'n 70fO , . .---...... REAOER . ADLER. PC ATTORNEVS AT LAW 23]1 MARKET STREET CAMP Hill. PA ITa 11 'f.H; 183.'313 <-.. RHONDA K. HERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA v. NO. 95-3095 CIVIL WILLIAM HERNANDEZ, Defendant CIVIL ACTION - DlVORCFJCUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: I. Ground for divorce: Irrelrlevable breakdown under SectIon 3301(c) orthe Divorce Code. 2. Date and manner ofservlce of complaint: The Com..lalnt wa. med on June', 1995, and wa.served on Ddendant Wll1Iam Hernandez on June II, 1995. 3. Date of execution ofthe affidavit of consent required by Section 3301(c) ofthe Divorce Code: by Plalnll" December 3,1996; by Defendanl December 3,1996. 4. Dale of execution of the waiver of notice of intention to request entry ora divorce decree required by Section 3301(c) of the Divorce Code: by Plalntl" December 3, 1996; by Derendaat December 3, 1996. S. Related Economic Claims Pending: There are no economic claim. pendln.a. tla. dlstrlbullon or all penonal and real property has been settled by a.rument or the partl... Respectfully Submitted, REAGER" ADLER, PC \ Date: December 4, 1996 By: ~A. ~i1~iSON' ESQUIRE Atlom.IlY 10: No. 66378 2331 Market Street Camp Hili, PA 17011-4642 Telephone No. [717) 763-1383 Attorneys for Defendant -- l -' ',"I -, \_' . . I ., 1 .' iI ') j:J} I hi I. ,J ; (~) ., ~ --'I .., !., ." , ir'l I "OJ :., :.j ". -... -.- RHONDA HERNANDEZ, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. fi'j.109>''ctVIL -rt...~ CIVIL ACTION - LAW WILLIAM HERNANDEZ, DEFENDANT ACTION FOR 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 judgement may also be entered against you for anr other claim or relief requested in these papers by the plaint ff. You may lose money or property or other rights important to you, includlng custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriagei you may request marriage counseling. A list of marriage counse ora is available in the Office of Prothonotary at the Cumberland county Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE PROPERTY, LAWYER'S FEES ANNULMENT IS GRANTED, YOU THEM. A CLAIM FOR OR EXPENSES, MAY LOSE THE ALIMONY, BEFORE RIGHT TO DIVISION A DIVORCE CLAIM ANY OF OR OF 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 Count~ Lawyer Referral Service Cumberland county Courthouse Court Administrator 1 Courthouse Square Carlisle. Pennsylvania, 17013 (717)-240-6200 . '--' l~ 1I1n - Dated: ~LI..\.U2_ (\ I 1:L:J.':> B . . RHONDA HERNANDEZ, I IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. CIVIL CIVIL ACTION - LAW WILLIAM HERNANDEZ, DEFENDANT ACTION FOR DIVORCE I CUSTODY t!oTl~E_Qr_RIQ1i'LTO COUN~liQ. You are one of the parties in the above captioned action in Divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, tt is the duty of the Court to advise both parties of the availability of counseling and upon r~quest to provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling. please advise in writing promptly by replying to: Prothonotary, Cumberland County Courthouse, 1 courthouse Square, Carlisle, Pennsylvania, 17013. Prothonotary . RHONDA HERNANDEZ, PLAINTIFF IN TilE I:OllRT OF GOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL CIVIL ACTION - LAW ACTION FOR DIVORCE / CUSTODY V WILLIAM HERNANDEZ, DEFENDANT COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is RHONDA HERNANDEZ, who currently resides at 223 South Second Street, Wormleysburg, Cumberland County, Pennsylvania, 17043, and has resided in CUmb~rland County for over four (4) years. 2. Defendant is WILLIAM HERNANDEZ, who currently resides at 267 B North Arlington Avenue, Dauphin County, Pennsylvania, 17109, and has resided in Dauphin County for four (4) months. 3. Plaintiff and Defendant have been bona fide residents in the Commonl~ealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant are husband and wife, and were lawfully married on April 27, 19S9, in Harrisourg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. (,. Th. 1III1IIII1UI' 1/1 Illplllf'Vilhly lllukell. 7. Plltlltlfl Inll lJehndant have been advised of the availlbility nl cl1l1na"llnu. and 111 I he Ilulll to request that the Court requi re lhll PAlt11l1l 111 pllllicll'alll ill counseling. O. TIa. lIIarlllYII Is Ilrelrlevably broken. 9. Nalther Plaintiff nor Defendant is in the military or naval lelVlce of the Uniled Slates or its allies within the provilions of the Soldiers' and SlIilolS' Civil Relief Act of the Congress of 1940 Ind ita amendments. 10. The Parlies IallVe one childl William lIernandez. Jr.. CQIJIiT _ I REOU~ST FO~ A NO-FAULT DIVORCE UNDER SECTION 33Gl(c) OF THE DIVORCE CODE 11 . The h,r.in by prior parlgraphs of reference thereto. this Complaint are incorporated 12. After ninety (90) days have elapsed from the dlte of filing of thil Compllint. Plaintiff intends to file en Affidavit cona.ntln9 to a Divorce. Plaintiff believes that Defendant may allo fll. auch an Affidavit. Wherefore, Plaintiff respectively requests if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, this Honorable Court enter a decree of divorce pursuant to Section 3301 (c) of the Divorce Code. C9JJll.'LU RJ;QlJ.!Hl.r_l"QR CQJjf'.tRM1\T I ON Of' GlJ ~TJJ..P,( UNDJ;.!LJLE&'U91L2.1Q LQf_.THILJlJ VQR,g]:, COm; 13. The herein by prior paragraphs of reference thereto. this Complaint are incorporated 14. Plaintiff seeks Primary following minor childl NAME WILLIAM HERNANDEZ, JR. Legal and Physical Custody of the PRESENT RESIDENCE 223 South Second Street Wormleysburg, PA 17043 AOE 8/D-3/29/91 4 years The child was not born out of wedlock. The child is presently in the custody of the Plaintiff, who resides at 223 South Second Street, Pennsylvania, 17043. The minor child since his birth has resided with the following persons and at the following addressl NAME ADDRESS DATES RHONDA HERNANDEZ WILLIAM HERNANDEZ 223 South Second street Wormleysburg, PA 17043 3/29/91 to 2/25/95 RHONDA HERNANDEZ 223 South Second street Wormleysburg. PA 17043 2/25/95 to Present 15. The Mother of the minor child is RHONDA HERNANDEZ, ourrently residing at 223 South Second Street, Wormleysburg, PA 17043. She is married, but separated. The Father of the minor ourrently residing at 267 B North Pennsylvania, 17109. He is married, but separated. child is WILLIAM HERNANDEZ, Arlington Avenue, Harrisburg, 16. The of Mother. relationship of Plaintiff to the minor The Plaintiff currently resides with child is that the following persons: NAME WILLIAM HERNANDEZ, JR. RELATIONSHIP son The relationship of the Defendant to the minor of Father. The Defendant currently resides with persons I ohild is that the following NAME None Known RELATIONSHIP 17. Plaintiff has not participatpd an a palty or witness. or another capacity. in other litigation concerning the custody of the child in this or another court. 18. Plaintiff has no information concerning the child pending in a court of a custody proceeding of this Commonwealth. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the chi Id, or claims to have custody or visitation rights with respect to the child. 20. The best interest and permanent welfare of the child will be served by granting the relief requestedl a. Plaintiff has the great desire and ability to give her minor ohild the care and love. to nurture and assist with the development of her child, in a warm. loving environment. Plaintiff has no desire nor inclination to keep the parties child from the Defendant. but recognizes the important role a Father plays in the development of a child. Plaintiff respectfUlly requests Plaintiff and Defendant be awarded Shared Legal custody of their child. b. Plaintiff respectfully requests that Primary Physical Custody of her child be awarded to her. with the Defendant being awarded the Partial physical custody of his minor child according to the following schedu1el c. Alternating weekends the Pather shall enjoy visitation with his minor child: d. The following holidays shall be shared between the parties as the parties can mutually agree to: New Year's Day Independence Day Easter Labor Day Memorial Day Thanksgiving Day e. Father shall have the child on Christmas Day at times mutually agreed to between the pnltje". f. Father shall enjoy Father's Day and Mother shall enjoy Mother's Day with their minor child from 9100 A.M. until 8100 P.M. : g. Either party shall have the ability to request a two (2) week uninterrupted vacation with their minor child, with thirty (30) days notice to the other party: h. The visitation as parties shall be free to further they can mutually agreed upon. schedule such WHEREFORE, Plaintiff requests this Honorable Court grant Shared Legal Custody of the parties minor child to Plaintiff and Defendant, Primary Physical Custody to Plaintiff with Partial Physical custody to the Defendant as requested in the above paragraphs. ~ '1~, Iqq!,)~ Respectfullyaubmitted, C~ G~~(~~" Susan K:~Jndiello Id, No. li4998 110 South Carlisle street P,O. lIox 670 NeW nloomfieldi PA 17068 Attorney for P aintiff RHONDA HERNANDEZ, PLAINTIFF IN TilE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, PENNSY1,vANIA NO. CIVIL CIVIL ACTION - LAW I ACTION FOR DIVORCE I CUSTODY V WILLIAM HERNANDEZ, DEFENDANT nBU.lQA'UOli 1, RHONDA HERNANDEZ, verify I am the Plaintiff in the foregoing aotion, that the attached complaint for Divorce and cuatody ia baaed upon information which has been gathered by my oounael in the preparation of this lawauit. The language of the Complaint is that of my counael and not mine. 1 have read the Complaint and to the extent that it ia baaed upon information whioh 1 have given to my counael, it ia true and correct to the be.t of my knowledge, information and belief. To the extent that the oontenta of the Complaint is that of oounael, I have relied upon counael in making thia Verification. 1 underatand that 1 am subjeot to the penalties of 18 Pa. C.S. .eotion 4904 relating to unaworn falsification to authorities for any false statements that I have made in the foregoing Complaint. DATE 51:~)CJ... 5" . . RIIONDA HERNANDEZl PLAINT FF V IN TilE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA I NO, CIVIL ACTION LAW ACTION FOR DIVORCE / CUSTODY WILLIAM HERNANDEZ, DE~'ENDANT C;)i;BTH'ICI\'I'E Uj" S!!:RVlCI': I, Susan Kay Candiello. Esquire, hQreby certify that a true and correct copy of the foregoing COMPI,IIINT ~'Oll DIVORCE / CUSTODY was served by first class mail, postag~ prepaid upon! Mr. William Hernandez 267 B North IIrlington Avenue lIarrisburg, PA 17109 Date~ ? . 1995 ~ PA 17068 j' 'J . .-._1-,." N .1' ;....:1 ~ l. 'l'..r - . ..... .., :-.." ~ , " I' C . . Ii- G'J' _! i i ~I $1 CIC) ~ ~'~' ~ .. ~ V, ,0 ~'\ ;; ~ \<;"'~ ....... c.,oedV 1 REAGER . AOUR, PC ATTORNEVS AT lAW anI MARKET STREET CAMP HilL. PA 1T0 II .~--, ITlTl Tl3.13B3 .. . Plaintiff : IN THE COURT OF COMMON PLEAS : CUlIUE~.LANIJ COUNTY, PENNSYLVANIA RHONOA K. HERNANDEZ, v, NO, 95-3095 CIVIL WILLIAM HERNANDEZ, Defendant CIVIL ACTION - OIVORCFJCUSTOOY AFFIDA VIT OF CONSENT 1. A Complaint in divorce under section 330J(c) of the Divorce Code was flied on June 8, 1995. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date oft1l1ng the Complaint, 3. I consent to the entry of a t1nal decree of divorce after service of notice of Intention to request entry of the decree, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fee. or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subjcctto the penalties of 18 Pa,C,S, ~ 4904 relating to unsworn fa1s1l1cation to authorities. Dated: ,a/.~ /4l.P _.~ .... ,,'- -- , , , , , ., I I " , " , " , " : ~.~ " .. I "' ! " . . '---~."-~ REAOER . ADLER, PC ATTORNEVS AT lAW 2331 MARKET STREET CAMP Hill. PA 11011 I1h"'S3.1'3B3 t..-._,.~_., RHONOA K. HERNANDEZ, IN THE COURT OF COMMON PLEAS CUMUERLAND COUNTY. PENNSYl.vANIA Plaintiff v, NO, 95-3095 CIVIL WILLIAM HERNANDEZ, Defendant CIVIL ACTION - D1VORCFJCUSTOOY A"'FIDA VIT OF CONSENT I. A Complaint in divorce under section 3301(c) of the Divorce Code was flied on June 8, 1995, 2, The marriage ofPlaintiO'and Oefendsnt is Irretrievably broken and ninety (90) days have elapsed lfom the date offlling 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, 4. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or ellpenses if! do not claim them before a divorce Is granted, I verify that the statements made in this affidavit are true snd correct. I understand that false statements herein are made subjcctto the penalties of 18 Pa,C, S. ~ 4904 relating to unsworn tIlslflcatlon 10 authorities. Dated: D~:CEMUER 3. 1996 1" , 'l ~ ~(.A..{CLP/ IT .l1.f", am ernanilez -- ..... .....~ -- (-, " ,,' , .., 1 , ":;1 . , 'e) :\\ \, ' '-'1 .;in , .1 "'! ", , . R!AOI~ . ADLI~, I'C ATTORNEVS AT LAW In, MARKIT BT~IIT CAMP Hill. PA lTO" IT\71'lii:"'u .---. RHONDA K. HERNANDEZ. IN THE COURT OF COMMON PLEAS CUHIIERI.Atm COUNTY, 1'~:NNflYl.v^NIA Plsintiff v, NO, 95-3095 CIVIL WILLIAM HERNANDEZ. Defendant CIVIL ACTION - D1VORCFJCUSTOOY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330UC' OF TilE DIVORCE CODE 4, I consent to the entry ofa final decree of divorce without notice. 5, 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. 6, 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 veritY that the statements made in this affidavit are true and correct. I understand that tilae statements herein are made subject to the penalties of 18 Pa,C.S. fi 4904 relating to unsworn falsification 10 authorities, Dated: J ~Jj/q f" . . " ~,..... -.- 0IIIItIw.-,~ ,..., C' I '_"l . , ., ." I J , } 1.'1 I :CJ L'l . i .,', fr.) "'! j:;.p '. ~. } .. jln '.' . I ,I. . ~:; ~, "'-"~"""'$"~'c.". ! . .. . AEAOEA . AOLEA, PC ATTORNEYS AT LAW 233' MARKET STAuT CAMP HilL. PA "OTl ~'"", n-'13.1383 '------... , . . . , ,,-,.:; RIIONOA K. IIERN'ANDEZ. PlalntllT IN TilE COURT OF COMMON PLEAS : CllMU~:l\LANIl COUNTY I i'~;NNSYLVANIA v, NO, 95-3095 CIVIL WillIAM HERNANDEZ, Defendant CIVIL ACTION. DlVORCfJCUSTOOY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330UC) OF TilE DIVORCE CODE I, 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 e1lpenses 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 l1Ied with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904 relating 10 unsworn falsification to authorities, Dated: 12-3-1996 -,.- I j j i J! ~-.. . , , '! r I f' , , I ;.. " u., I ." ') :,.... 1 :.) , ), ,-!\ , i t.J II i\ .;1 '~,l. :.q ,,' .~ .- r.; -'{ !:. "1 RHONDA HERNANDEZ, PLAINTIFF V. I N THE ';OllHT OF COMMON PLEA!:! OF CUMBERLAND COUNTY, PENNSYLVANIA NO.7)' :Ji"l\ CIVIl, 'l'.l"'~ CIVIL ACTION - LAW CUSTODY / VISITATION WILLIAM HERNANDEZ, DEFENDANT ORDER OF COURT AND NOW, this ,j...vy I'; /(1"( upon consideration of the attached complaint, It is hereby directed that the parties and their respective counsel appear before 5"",,"'/ l f}f1('~'1 {..~, the conci 1 iator. at ~f(}S 11(. fC)111 51. ("fh"WI( , on the ~ day of ~d y ,1995, at ~ olclock~,M.. for a Prehearing 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. Either patty may bring the child/children who are the subject(s) of thia custody action to the conference. but the child/children's attendance is not mandatory. Failure to appear at the conference may prOVide grounds for entry of a temporary or permanent order. FOR TilE COURT: BY: . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER HAVE A LAWYER OR CANNo1' AFFORD ONE. GO TO SET FORTH BELOW TO FIND OUT WHERE YOU CAN '~t I AT ONCE. IF YOU DO ~J OR T~L~PHONE THE OFFICE GET LEGAL HELP. OFFICE OF TilE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTIIOtJSE, FOURTH FLOOR CARL I aLE, PENNtJYJ,VAN lA, 1701l (717) . 240 - 6200 '- JUH 19 3 31 rK '95 ,,' Ie! 1)1 . 'l, lltON''' A") r:IPILi;. '.11'. r ,\1 l PI HI'l \'1 .\', ~ II '14' 'If ad.. Cbfl ~ t; ..5. t~ IP '19. tj( V1~ -ma.J;; $ 4/f. /;.If.9S- dtP1~:- ./tl~fJ RHONDA HERNANDEZ, IN THE COURT OF COMMON PLEAD PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. CIVIL CIVIL ACTiON - LAW WILLIAM HERNANDEZ, DEFENDANT ACTION FOR DIVORCE / CUSTODY COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is RHONDA HERNANDEZ, who currently resides at 223 South Second Street, Wormleysburg, cumberland County, Pennsylvania. 17043. and has resided in Cumberland County for over four (4) years. 2. Defendant is WILLIAM HERNANDEZ, who currently resides at 267 B North Arlington Avenue, Dauphin county, Pennsylvania, 17109, and has resided in Dauphin County for four (4) months. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff lawfully married and Defendant are husband and wife, and were on April 27, 1989, ln Harrisburg, Pennsylvania, 5. There have been no prior actions of divoroe or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrlevably broken, 7. Plaintiff and Defendant have been advised of the availability of counsellng, and of the rlghl to request that the Court require the parties to participate in counseling, 8. The marriage is irretrievably broken. 9, Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 10. The Parties have one child: William Hernandez, Jr.. QQQli'Ll REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. After ninety (90) days have elapsed from the date of filing of this Complaint. Plaintiff intends to file an Affidavit consenting to a Divorce. Plaintiff believes that Defendant may also file such an Affidavit. Wherefore, Plaintiff respectively requests if both parties file affidavits consenting to a divorce after ninety (901 days have elapsed from the date of filing of this Complaint, this Honorable Court enter a decree of divorce pursuant to Section 3301 (c) of the Divorce Code. COV.N't.._U 11!1;Q.u!,;Il.Tf'Q~ CQIH".lR!1bTHl,N Of' \;;VJ?.'r.QP''i !.!li.P.E.ILM;~'U.illi,.liQl...Qf.....'rH.F;Jl I VORCE Com; 13 . The herein by prior paragraphs of reference thereto. this Complaint are incorporated 14. Plaintiff seeks Primary following minor childl NAME WILLIAM HERNANDEZ, JR. Legal and physical custody of the PRESENT RESIDENCE 223 South Second Street Wormleysburg, PA 17043 AGE B/D-3/29/91 4 years The child was not born out of wedlock, The child is presently in the custody of the Plaintiff, who resides at 223 South Second Street, Pennsylvania, 17043. The minor child since his birth has resided with the following persons and at the following addrossl NAME ADDRESS DATES RHONDA HERNANDEZ WILLIAM HERNANDEZ 223 South Second Street Wormleysburq. PA 17043 3/29/91 to 2/25/95 RHONDA HERNANDEZ 223 South Second street Wormleysburg, PA 17043 2/25/95 to Present 15. The Mother of the minor child is RHONDA HERNANDEZ, currently residing at 223 South second Street, Wormleysburg, PA 17043. She is married, but separated. The Father of the minor currently residing at 267 B North Pennsylvania, 17109, He is married, but separated. child is WILLIAM HERNANDEZ, Arlington Avenue, Harrisburg, 16, The of Mother. relationship of plaintiff to the minor child is that The Plaintiff currently resides with the following persons: RELATIONSHIP NAME WILLIAM HERNANDEZ. JR. eon The relationship of the Defendant to the minor of Father. The Defendant currently resides with personal child is that the following NAME RELATIONSHIP None Known 17. Plaintiff has not participated as a party or witness, or another capacity, in olher litigation concerning the custody of the child in this or another court. 18. Plaintiff has no information of a custody proceeding concerning the child pending in a CO'lrt of this Commonwealth. 19. Plaintiff 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. 20. The best interest and permanent welfare of the child will be served by granting the relief requested: a. Plaintiff has the great desire and ability to give her minor child the care and love, to nurture and assist with the development of her child, in a warm. loving environment. Plaintiff has no desire nor inclination to keep the parties child from the Defendant, but recognizes the important role a Father plays in the development of a child. Plaintiff respectfully requests Plaintiff and Defendant be awarded Shared Legal Custody of their child. b. Plaintiff respectfully requests that Primary Physical Custody of her child be awarded to her, with the Defendant being awarded the Partial Physical Custody of his minor child according to the follOWing schedule: / c. Alternating weekends the Father shall enjoy visitation with his minor child; d. The following holidays shall be shared between the parties as the parties can mutually agree to; New Year's Day Independence Day Easter Labor Day Memorial Day Thanksgiving Day e. Father shall have the child on Christmas Day at times mutually agreed to between tho parties. f. Father shall enjoy Father's Day and Mother shall enjoy Mother's Day with their minor child f~om 9:00 A.M. until 9:00 P.M. ; g. Either party shall have the ability to request a two (2) week uninterrupted vacation with their minor child, with thirty (30) days notice to the other party; h. The parties shall be free to further schedule such visitation as they can mutually agreed upon. WHEREFORE, Plaintiff requests this Honorable Court grant Shared Legal custody of the parties minor child to Plaintiff and Defendant. Primary Physical Custody to Plaintiff with Partial Physical Custody to the Defendant as requested in the above paragraphs, c-~ I J-e... I I q q.tl- c--- . I' itted, f II y &u ,"l~ ~ "- Respect u (~u..9Q;S Cern.~ndi e 11 0 susanN K\4998 . 1 street Id. o. h Carlls e 110 SB~~ 670 PA 17068 P'O'Bloomfieldpiaintiff New for Attorney . . RHONDA HERNANDEZ, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. CIVIL CIVIL ACTION - LAW WILLIAM HERNANDEZ, DEFENDANT I ACTION FOR DIVORCE / CUSTODY VERIFICATION I, RHONDA HERNANDEZ, verify I am the Plaintiff in the foregoing action, that the attached Complaint for Divorce and CUltody il based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint il that of my counlel and not mine. I have read the Complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correot to the belt of my knowledge, information and belief. To the extent that the contents of the Complaint is tnat of counsel, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities for any false statements that I have made in the foregoing Complaint. DATE 5 ho/q" ') , , ' '. RHONDA HERNANDEZ. PLAINTIFF V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW ACTION FOR DIVORCE / CUSTODY WILLIAM HERNANDEZ, DEFENDANT C;:ERT I F I CI\.T&".Qf_~j!;RY~E I, Susan Kay candiello, Esquire, hereby certify that a true and correct copy of the foregoing COMPLAINT FOR DIVORCE / CUSTODY was served by first class mail, postage prepaid upon: Mr. William Hernandez 267 B North Arlington Avenue Harrisburg, PA 17109 Date~' , 1995 ~ Susan a 110 Bout P.O. Box 6 New Bloomfield, PA 17068 " CI'll t,: I "'~" '1 "1' ~f:::. [" ,~:, t h., , '.' 4, .., '.' ~'I:'J.7, .'1 hOU~:' ~~ .-. a:: t) Id:'~11t1 ... J- ~J :JI .. . ' i" CD N ~ ... Ql! m . .. SEP 7 1991,..-' PLEAS OF RHONDA HERNANDEZ, PLAINTIFF V IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-3095 CIVIL ACTION - LAW ACTION FOR CUSTODY WILLIAM HERNANDEZ. DEFENDANT QRPJ;:R Qf COURT AND NOW, this 'is day of September, 1995, upon presentation and consideration of the attached Stipulation for Agreed Order of custody, it is hereby ORDERED AND DECREED. that the said stipulation, as submitted and executed by the parties, shall be lncorporated lnto and made a part of this order, thereby giving said Stipulation the full force and effect as an Order of this Court, BY THE ;' .;/ / COURT,/ / /' , .-- j J. o ,. . 4'. (11 " 1 ; 56, UV Et G 8 dlS RHONDA HERNANDEZ, PLAIllTH'f' V WILLIAM HERNANDEZ, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 95-3095 CIVIL ACTION - LAW IN CUSTODY STIP~~ATIQN fOB ^OR~~P QRP~B Qf GY~1QPY Plaintiff is RHONDA HERNANDEZ, who currently resides at, 223 south Second st t'eet, Wormleysburg, Cumberland County, Pennsylvania, 17043. Defendant is WILLIAM HERNANDEZ, who currently resides at 267 B North Arlington Avenue, Dauphin County, Pennsylvania, 17109. WILLIAM HERNANDEZ JR., who is the subject of this Custody Agreement, is the natural child of the Plaintiff and Defendant, Wi II lam Hernandez Jr., was born on March 29, 1991. It is Plaintiff's and Defendant's belief it is in the best interests of their mlnor child to have a meaningful ongoing relationship with both his Mother and Father, provided the child is in a uafe environment. WHEREFORE, Plaintiff. RHONDA HERNANDEZ, and Defendant, WILLIAM HERNANDEZ. have entered lnto a mutual 8\lreement regarding the custody of their child and tespectfully request that this Honorable Court enter the folloWln\l Order: - 1. Plaintiff and Defendant shall share defined in 23 Pa.C.S.A. sectIon 5302), of William Hernandez Jr.. Legal Custody, (As their minor child, 2, Primary Physical Custody of William Jr" shall be with the Plaintiff, Rhonda Hernandez, while Defendant, William Hernandez, shall enjoy Partial Physical Custody of William Jr.. 3. Plaintiff and Defendant have mutually agreed to cooperate and work together in scheduling visitation their child. Defendant shall enjoy Partial Physical Custody of William Jr. as follows: (a) Defendant shall have William Jr. on alternating weekends for Visitation; (b) The parties shall share the following holidays; New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, and ThanksgiVing Day. The parties shall communioate with each other a minimum of two ( 2 ) weeko prior to the holiday, to decide a schedule, thus enabling each party to make appropriate plans for the holiday; (c) Defendant shall have William Jr. on Christmas Day, at such times as the parties can agree to; (d) Defendant shall have William Jr. on Father's Day and Plaintiff shall have William Jr. on Mother's Day, from 9:00 A,M. until 8:00 P.M.; (e) Either party shall have the ability to request up to a maximum of a two (2) week uninterrupted vacation with William Jr., with thirty (30) days notice in writing to the other party, and that party's mutual agreement; (f) The parties shall be free to mutually agree to further visitation and schedule alterations of visitation with William Jr.. 4. Plaintiff shall have William Hernandez Jr. as an Income Tax Deduction. DATE: o-)d.1J,,5 I I fw.~y ~~ , ~NU~< DATEl 'ifJd.7lq~-s