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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF .. PENNA.
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TIFFANY aENIrEZ,
, Plaintiff
Versus
JOHN ,BENITEZ.
Defendant
Nil. 95"4941..,,.., ..............., 19
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DECREE IN ,. :
D I V 0 R C E IA 2-: <(0 PM, :
.. .. ~ 7. .. .. '" 1 /!f.~ ., it is ordered and 8
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AND NOW, .
decreed that .'J:J.F.F .aENlTEZ. , . . .. , , , .. . . .. . . .. .. .. . .. . .. .. ", plaintiff.
and .JOHIII.aENITEZ, ,.,..........."...,...,......,....."....., defendant,
are divorced from the bonds of matrimony.
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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;
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Separation, and, Proper.t.y, Se.t.t.lement Agr:eement ,dated .August .16. .1996. is. , , . ,
inOPrporated, into, this, Deer.eg."""""",. ....', ,...,.,.", ... ,..,. ......
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1996, by
Seoaration and Prooertv Settlement Aqreement
THIS AGREEMENT, made thifl ~ day of ~~'\ ~v~t
and between TIFFANY BENITEZ of New Cumberland, -rcdk
County, Pennsylvania, party of the first part, hereinafter
re::erred to as "Wife" and JOHN BENITEZ of New Cumberland, York
County, Penns~..l vania, party of the second part, hereafter
re::erred to as "Husband".
WITNESSETH:
WHEREAS, husband and wife were married on June 12,
1992, in Cumberland County, Pennsylvania; and
WHEREAS, husband and wife have been living separate and
apart from each o,-her since July 1, 1995;
WHEREAS, husband and wife are residents of the
Commonwealth of Pennsylvania and have been so for at least the
pal3t six (6) months; and
WHEREAS, certain diverse. unhappy differences have
arisen between the parties hereto which have made them desirous
of continuing to living separate and apart from one another; and
WHEREAS, husband and wife desire to settle and
deterrrine certain of their marital rights and obligations, and
make an equitable distribution of their marital property;
WHEREAS, it is the intention and purpose of this
Ag::eerrent to se:: forth the respective rights and duties of the
pa::ties while they continue to live apart from each other and to
settle all financial and property rights between them; and
:.~;;,::',~~",~~~i t E'Z~._
1
John Benit
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.
ARTICLE II
DIVOl~
2.1
This Agreement is not predicated on divorce, It is
specifically understood and agreed by and between the parties
he~eto and to each of the said parties does hereby warrant and
represent to the other that the execution and delivery of: this
Ag::eerr.ent is no'C predicated upon nor made subject to any
ag~ee~ent for ins'Citution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce; provided,
ho\~ever, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing,
in:;tituting or prosecuting any action or action for divorce,
eil:her absolute or otherwise, upon just, legal and proper
grounds; nor to prevent either party from defending any such
action which has been, may, or shall be instituted by the other
pa::ty, or for making any just or proper defense thereto. It is
wa::ranted, covenanted, and represented by husband and wife, each
to the other, thac this Agreement is lawful and enforceable and
this warranty, covenant, and repreflentation is made for the
spl~cific purpose of inducing husband and wife to execute this
Ag::eerrent. Husband and wife each knowingly and understandingly
he::eby waive any and all possible claims of this Agreement is,
fo:: any reason, illegal, or for any reason whatsoever of pub c
policy, unenforceable in whole or in part.
Ti:fany Benit€,z
'~H_
John Benite
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.
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3.2
The division of eXisting marital property is not intended by
thl~ parties to constitute in any I..ay a sale or exchange of assets
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
th(~ parties.
The parties hereby agree that any transfers of property
PU~suant to the terms of this Agreement shall be within the scope
.../
of the Deficit Reduction Act of 1984, or other similar tax acts
(hereinafter "Act"). The parties agree to sign and cause to be
filed any elections or other documents required by the Internal
Re'/enue Service to render the Act applicable to the transfers set
fo::th in this Agreement, without recognition of gain on such
transfers and subject to the carry-over basis provisions of said
Act.
3.3
The parties shall retain sole and exclusive right, title and ./
POl3session of all personal property currently in their
PoSsession. Except as provide for herein, Husband shall make no
claim whatsoever for any personal property in wife's possession.~
Additionally, except as provided for herein, Wife shall make no
claim Whatsoever for any personal property in Husband's
PO'3session. Should it be necessary for either party to
any documents to convey tile to any
Ti::fany Benitez ==r:J:2
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John Benitez
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4.2
Husband and Wife specifically waive, release and give up any
rights for alimony that they may be entitled to pursuant to
Chapter 37 of the Pennsylvania Domestic Relations Code.
ARTICI~E V
DEBTS OF THE PARTIES
5.1
Each party represents to the other that except as otherwise
sp,~cifically set forth herein, there are no major outstanding
obligations of the parties, that since the separation neither
pa::ty has contracted for any debts for which the other will be
rel3ponsible and each party indemnifies and holds harmless the
other for all obligations separately incurred or assumed under
this Agreement.
In the event either party contracted for or incurred any
debts since the date of separation, the party who incurred said
debt shall be responsible for the payment thereof regardless of
the name in which the account may have been charged. Husband and
Wi::e acknowledge and agree that they have no outstanding debts or
obligations of the Husband and Wife incurred prior to the signing
of this Agreement. except as follows, which the parties agree
that \'iife shall assume fully:
a. Consolidation Loan: Approximate balance of $10.000.00.
wil:h a biweekly payment of $152.00.
t. Visa Credit Card: Approximate balance of $2.700.00,
wil:h a payment schedule of $100, on per 'llonth.
Ti::fany Benitez
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9
John Benitez
which the other now owns or may hereafter acquire, except and
only except, all rights and agreements and obligations of
whatscever nature arising or which may arise under this Agreement
or for the breach of any thereof.
7.3
Each party represents that since separation, they have not
he~etcfore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be
rel3ponsible or liable, except as may be provided for in this
Ag~ee~ent. Each party agrees to indemnify and hold the other
pa~ty harmless from and against any and all such debts,
liabilities or obligations of each of them, including those for
ne<:essities, except for the obligations arising out of this
Ag:~ee~ent. Husband and Wife each warrant, covenant, represent
and agree that each will, now and ac all times hereafter, save
ha:~mless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of
this Agreement, except as is otherwise specifically provided
he:~ein .
7.4
No waiver or modification of any of the terms of this
Ag:~eelTent shall be valid unless in writing and signed by both
pa:~ties and no waiver of any breach hereof or defaul thereunder
shall be deemed a waiver of any subsequent default of the same or
similar nature.
.,-fi"",_
Ti::fany Benitez ~'
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John Benite
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This Agreement 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 Agreement.
7.6
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7.7
This Agreement constitutes the entire understanding of the
pa:~ties and supersedes any and all prior agreements and
ne!Jotiations between them. There are no representations or
wa~ranties other than those expressly set forth herein,
7.8
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
Ti::fany Benltl'z
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in full force, effect. and operation. Likewise, the failure of
any party to meet his or her obligation under anyonE" or more of
thl! articles and sections herein shall in no way void or alter
the remaining obligations of the parties.
13
John Benitez
7.9
It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and
pe::'sonal, which was legally and beneficially acquired by Husband
and Wife, or either of them, during the marriage as contemplated
by the Domestic Relations Code of the Commonwealth of
Pennsylvania.
7.10
!he parties warrant and represent that they have made full
disclcsure of all assets prior to the execution of this
Ag:~eelTent .
7.11
In the event either party to this Agreement shall breach any
te:~m, covenant or other obligation herein, the non-breaching
~
pa:~ty shall be entitled, in addition to all other remedies
available at law or in equity, to recover from the breaching
pa:~ty all costs \~hich the non-breaching party may incur,
including but not limited to filing fees and attorney's fees, in
any action or proceeding to enforce the terms of this Agreement.
7.12
!his Agreement shall survive any action for divorce and
del:ree of divorce and 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 this Agreement by
either Husband or Wife until it shall have been fully satisfied
and performed. The consideration for this Agreement is the
Ti'fany Benitez ._. lY2_
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mutual benefits to be obtained by both of the parties hereto and
th.~ ccvenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein
contained is stipulated, confessed, and admitted by the parties,
and the parties intend to be legally bound hereby.
IN WITNESS WHEREOF, the parties have set their hands and
seals the day and year first above written.
WI'I'NESSED BY:
J11j GIJL
John
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o ua,o."o,: 111W-307-630 DOMESnC RETURN RECEIPT
. ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TIFFANY BENITEZ,
Plaintiff
v.
CIVIL ACTION - LAW
IN DIVORCE
JOHN BENITEZ,
Defendant
NO. 95- "f-~41
(l,.;j. ..::r~~
COMPLAINT UNDBR SBCTION 3301(0)
OR 3301(4) OF THB DIVORCB CODB
AND NOW, this 18th day of September 1995, comes the
Plaintiff, Tiffany Benitez, by and through her attorneys, HANFT &
VOHS, and files this Complaint in Divorce, and states as follows:
1. Plaintiff is Tiffany Benitez, an adult individual who
currently resides at 401 Water Street, New Cumberland,
Pennsylvania.
2. Defendant is John Benitez, an adult individual who
currently resides at 129 Bridge Street, New Cumberland,
Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately previous
to the filing of this complaint.
4. The Plaintiff and Defendant were married on June 12,
1992, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may have the right to
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request that the Court require the parties to participate in
counseling. Having been so advised Plaintiff does not desire the
Court to order counseling.
7. The marriage is irretrievably broken. The foregoing
facts are averred and brought under sections 3301(c) or 3301(d)
of the Divorce Code of 1980, as amended.
WHERBPORB, Plaintiff requests Your Honorable Court to enter
a decree in divorce, divorcing Plaintiff from Defendant.
\,.\ i. "
Respectfully submitted,
HANFT & VOHS
Wil am C. Va s, Esqu~re
Attorney ID 65208
11 West Pomfret street, Suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Plaintiff
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verification
I verify that the statements made in the foregoing document
are true and correct to the best of my knowledge, information and
belief. This Verification is made only as to the factual
averments contained herein, and not to legal conclusions and
averments authored by counsel in his capacity as attorney for the
party or parties hereto. I understand that false statements
herein are made subject to the penalties of 18 Pa. C. S. section
4904, relating to unsworn falsification to authorities.
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08/16/1996 09:11
7112490451
HtWT & \l()lS
PAG:: 01
. .
IN THB COURT 0' COPON PLEAS OF
c:tIMBDLAND COUll'1'Y. PENNSYLVANIA
~IrrAIYIINITBZ,
plaintiff
; CIVIL ACTION - LAW
IN DIVORCE
v.
.
.
NO. 95-4941 CIVIL TBRK
JOHN 8I1fI'1'BZ,
Defendant
APrIDAVI.'1' OF coNSENT
1. A co.plaint in divorce under section 3301(c) of the
Divorce C04e vaa filed on september 18, 1995.
2. The aarriaqa of the plaintiff and Defandant i.
irretrievablY broken and more than ninety (90) day. have elapsed
fro. the date of the filing of the complaint in Divorce.
3. I conaant to tha entry of a final decree in divorce
vithout. notice.
4. I understand that I III1Y losa rights concerning alillony,
division of property, lawyer'a fee. or expenses if I do not claim
th.. befora a divorce is qranted.
5. I under.tand that I will not be divoroed until a divorce
deer.. 1. antered by the Court and that a copy of the decree will
be sent to .a t.8ediataly after it i- filed with the
Prot:llonOtary .
6. I have been advised of the availability of marraiqe
oounl81ing and understand that I .ay reque.t that the court
require ~elin9' I do not request that the court require
coUIIMl1nv .
7. I understand that the cost. of the.. proceedings will be
pai4 for ~ plaintiff.
I verify that the .tate.ant. .8de in this affidavit are trua
and oorrect. I understand that false staullents herein are _de
.ubject to the penalti.s of 18 Pa. C. S. seotion 4904 relating to
~ falsifioation to author1tiea.
o.te. (\ I::J. .\'ll i
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TIFFANY BENITEZ,
Plaintiff
:
:
v.
CIVIL ACTION - LAW
IN DIVORCE
JOHN BENITEZ,
Defendant
NO. 95-
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the
" If
Divorce Code was filed on .\\J\Qn\lrr ,'1995.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and more than ninety (90) days have elapsed
from the date of the filing of the Complaint in Divorce.
3. I consent to the entry of a final decree in 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.
5. I understand that the costs of these proceedings will be
paid for by Plaintiff.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: ZI,~\.lq(1
,. ,......WlA'I*'~lI\l*t'....
. .
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TIFFANY BENITEZ
Plaintiff .
.
CIVIL ACTION - LAW
v. IN DIVORCE
JOHN BENITEZ . NO. 95-4941 CIVIL TERM
.
Defendant .
.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(cl OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn
falsification to authorities.
Date: 7.1~kl(I~.
. Ml,ltl..-.vt\rW"",,,a,ut
. . . .
.. . , .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TIFFANY BENITEZ
plaintiff
: CIVIL ACTION - LAW
IN DIVORCE
v.
JOHN BENITEZ
Defendant
NO. 95-4941 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(cl OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn
falsification to authorities.
Date: :-I.~, 1c,'1{
~rJ,:Q'~
f~*.~*IIl\-'t."'"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TIFFANY BENITEZ,
plaintiff
CIVIL ACTION--LAW
IN DIVORCE
vs.
NO. 95-4941
JOHN BENITEZ,
Defendant
NOTICE OF ELECTION TO RETAKE MAIDEN NAME
Notice is hereby given that Tiffany M. Benitez, the
plaintiff in the above matter, having been granted a Final Decree
in divorce from the bonds of matrimony on 27th day of August,
1996, hereby elects to retake and hereafter use her previous name
of Tiffany Marie Holland.
~~.~
Tlf Y - Benitez
To be Known As:
~1~ 1J1. t/~~
Tif . Holland
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On the I~~ day of ~ttrb.VU ' 1996, before me a
Notary Public-personally appeared Tiffany M. BeniteZ, known to me
to be the person whose name is subscribed to the within document
and acknowledged that she executed the foregoing for the purpose
therein contained.
IN wITNESS WHEREOF, I have hereunto set my hand and
official seal.
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Nel8/IaIIMI
IWIly S l\aII8f. NoIIIY NlIo
CarllIle BofO, cumbtftand COUlllY
My Commission e.pIlfl feb, 7, 2OllO
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