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HomeMy WebLinkAbout96-00203 AURORA DIZO, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. Plaintiff, . . vs. I I No. 96-203 . . ORLANDO E. DIZO, I Defendant. CIVIL ACTION - ANNULMENT MOTIOII rOR IIITRY or DICRIE IN JUlJltJLllENT Plaintiff, Aurora Dizo, by and through her attorneys, IRA H. WEINSTOCK, P.C., hereby motions the court to enter a Decree in Annulment for the following reasonSI 1. A Complaint in Annulment was filed in this Court on January 17, 1996. 2. A Motion for Appointment of Master and the Affida- vit of Service was filed in this Court on April 11, 1996. 3. The parties were married on October 5, 1986 in Philadelphia, Pennsylvania. 4. Defendant, Orlando E. Dizo, married one Nehmia V. Ramos on November 3, 1980 in Ramon, Isabela, Republic of the Philippines. 5. Defendant entered into the marriage with the Plaintiff on October 5, 1986 when the aforesaid marriage to Nehmia V. Ramos had not been annulled, nor had there been a divorce or any termination of said marriage contract. 6. Orlando Dizo hereby represents that he does not intend to present any defense to the facts alleged in the above- referenced complaint in annulment, and does not contest the AURORA DIZO, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. Plaintiff, I . . vs. . NO. 96-203 . . . ORLANDO E. DIZO, I I Defendant. I CIVIL ACTION - ANNULMENT STIPULATION The parties hereby stipulate to the following facts with regard to the above-captioned matterl 1. A Complaint in Annulment was filed in this Court on January 17, 1996. 2. A Motion for Appointment of Master was filed in this Court on April 11, 1996. 3. The parties were married on October 5, 1986 in Philadelphia, Pennsylvania. 4. Defendant married one Nehmia V. Ramos on November 3, 1980 in Ramon, Isabela, Republic of the Philippines. 5. Defendant entered into the marriage with the Plaintiff on October 5, 1986 when the aforesaid marriage to Nehmia V. Ramos had not been annulled, nor had there been a divorce or any termination of said marriage contract. 6. Orlando Dizo has been advised to retain independent legal representation in this matter and after being so advised has knowingly, voluntarily, intelligently and willingly chosen to decline to retain such counsel. 7. Orlando Dizo hereby represents that he does not intend to present any defense to the facts alleged in the above- referenced complaint in annulment, and does not contest the accuracy of the facts there alleged. 8. Orlando Dizo hereby represents that he agrees to the entry of a decree of annulment in the above-captioned matter and further agrees that a Master's hearing is not necessary at this time. 9. The parties request that the alleged marriage between them be deemed null and void, and that the Court enter a Decree in Annulment. 10. The parties have entered into the attached Prop- erty Settlement Agreement and/or Agreement and Release of Claims dated March 27, 1996. Said Agreement will be incorporated into the Divorce in Annulment by reference and the parties have agreed to comply with it. WITNESS, ,X"'I()(C\_ t ui'fr'll{, I 1 (lu- ~C,tA ~ AURORA DIZO .: Dated: ,.5. /.';,-...th: /.~ . ../JJ.vt..c') , 'J ,'it'dl\( c... (lit '6'/l.t cJ (It-flll.til: c:, ..Or., ,:, ORLANDO E. DIZO / Dated: '7/ It;' Ji/(.. PROPERTY SETTLEl\IENT AGREEMENT AND/OR AGREElm:NT AND RHE,\SE OF Clu\IMS This PROPERTY SETTLEMENT AGREEMENT AND/OR AGREEMENT AND RELEASE OF CLAIMS is made and entered into this ~/'N/' day of March, 1996, by and between Aurora . Dizo and Orlando E. Dizo ImEREAS, Aurora Dizo, an adult individual residing in the Cumberland County, Commonwealth of Pennsylvania; and Orlando E. Dizo, an adult individual residing in Cumberland County, Commonwealth of Pennsylvania. were married on October 5, 1986 in Philadelphia, Philadelphia County, Pennsylvania; and WHEREA.'t, on the date of the panies marriage, Aurora Dizo was unaware that Orlando E. Dizo had, on November 3, 1980, married one Nehmia V, Ramos in the City or Municipality of Ramon, in the Province ofIsabela, in the Republic of the Philippines, and that the marriage of Orlando E, Dizo and Nehmia V, Ramos had not been dissolved by divorce or annulment; and WHEREAS, when Aurora Dizo learned that the marriage of Orlando E, Dizo and Nehmia V, Ramos existed and had not been dissolved, Aurora Dizo filed a Complaint in Annulment in the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No. 96-203; and WHEREAS, Orlando E. Dizo has agreed to the entry of a Decree of Annulment of the marriage between the panies to this Agreement; and ImEREoj..., Aurora Dizo and Orlando E, Dizo desire to settle and determine their rights and obligations; NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings contained herein, it is agreed by and between the parties hereto that: I. SeparatitJff - It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. 2. Inrnfemrct!S - Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the pro\isions of this Agreement. Neither pany shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apan from the other, J. DMs;on of Real Property - The panies agree that Aurora Dizo advanced significant monies toward the purchase of the real property mentioned herein and contributed significant monies toward the upkeep and maintenance of said property, Accordingly, the parties agree that Aurora Dizo shall receive the real estate located at 16 Charisma Drive, Camp Hill, Cumberland County, Pennsylvania. now titled in the name of Aurora Dizo and Orlando E, Dizo, subject to the mortgage thereon, Aurora Dizo shall be responsible lor payment of this obligation, together with all taxes, costs, maintenance. and expenses associated with the real estate, Further, she agrees to indemnitY and hold Orlando E, Dizo harmless for payment of such obligations, 4, OMsitln lif Personal Properly - The panies have divided. to their mutual satisfaction. aU personal propeny owned by them during the marriage including. but not limited to. household goods and furnishings. personal effects and other propeny used by them in common and neither party will make any claim to any of the personal propeny presently in the possession of the other, The parties agree that should it become necessary at any time for either party to execute any titles. deeds. or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the other party. . S. PnrsiUlf PlMs - Aurora Dizo agrees to relinquish all rights. title. and interest she may have in any and all of Orlando E. Dizo's pension plan(s), Orlando E, Dizo agrees to relinquish all righls, title, and interest he may have in any and all of Aurora Dizo's pension plans, 6. Alimony - Each party hereby agrees not to claim or demand any support for himself or herself, alimony pendente Ilte. permanent alimony, counsel fees or expenses from the other party, except as specifically provided in this agreement. The panies agree that the earning capacity of Orlando E. Dizo significantly exceeds the earning capacity of Aurora Dizo. The parties agree that Aurora Dizo contributed significant monies. consisting of her pre-marital savings and assets. toward the purchase of and maintenance of assets acquired by the parties and toward the maintenance and support of Orlando E. Dizo in the belief that her marriage was valid and would continue. The parties agree that if Aurora Dizo had not contributed said monies in reliance on the validity of her marriage. these monies would have been available for and used toward her continued maintenance and support. TIle parties agree that because Aurora Dizo did expend her pre-marital savings and assets upon the items mentioned herein, additional monies are necessary for the maintenance and support of Aurora Dizo, Accordingly. the parties agree that Orlando E. Dizo shall pay to Aurora Dizo, commencing upon the date of entry of the Decree of Annulment, with each subsequent payment due on the tenth day of each month thereafter for a period of fifteen (15) years, the sum of two hundred dollars (5200.00) per month. The panies agree that the monies paid to Aurora Dizo under this section of this Agreement shall be considered alimony and that, to the extent permitted under the Internal Revenue Code and Regulations thereunder. such amounts may be considered as alimony includable in the income of Aurora Dizo. and deductible by Orlando E, Dizo. 7. Breach - If either pany breaches any provision of this Agreement, the other pany shall have the right, at his or her election, to sue for damages for breach, The party breaching this Agreement shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. or seeking such other remedy or relief as may be available to him or her, The parties agree that they may enforce this Agreement in accordance with the provisions as set fonh in the Divorce Code of 1980. as amended. B. FilII Oisclosllre - Orlando E, Dizo and Aurora Dizo each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all of their assets and income to the other, Although values for assets fluctuate and appraisals of the value of real estate and other assets are subject to differences of opinion. each acknowledges thaI they have clearly and completely disclosed to each other their assets and their liabilities r I I f , I -:!- 9. AddititHIlll Instruments - Each of the parties to this Agreement shall on demand execute and deliver to the other any deeds, bills of sale, assignment. consents to change of beneficiary 011 insurance poiicies, tax returns and olhr.r documents and do or cause to be done any other act or thing that may be necessary or desirable to the provisions of this Agreement. Ifeither party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 10, Wail'er of Claims Against Estates - Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of their relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to cany into effect this mutual waiver and relinquishment of all such interests, rights and claims. 11. Death During Period of Separation -In the event the parties are residing separate and apart at the time of either party's death, it shall be deemed that the parties marriage has been annulled. In this event. the surviving party shall receive only that property described in this Agreement. 12. Effective Agreement - This Agreement shall bind the parties, their heirs, executors, administrators and assigns. lJ. J'o/unttuy Exealtion - The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. U. Entire .-Igrument - This Agreement contains the entire understanding of the parties and there are no representations. warranties, covenants or undertakings other than those expressly set forth herein, IS. Prior .-Igreement - It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 16. ModificlltitHI tIIId W/lil'er - Any modification or waiver of any provision of this Agreement shall be effective only if made in wriling and executed with the same fonnality as this Agreemenl, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default oflhe same or similar nature. 17. Governing Lalll- This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 18. Indepemknt Separate COI'en/lnt,f - It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed 10 be a separate and independent covenant and agreement, -J- 19. Void l.7auses - If any lenn, condition, clause or provision of this Agreement shall be determined cr declared to be void or invalid in law or otherwise, then only thattenn, 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, 20. Entry IU Part of Decree -II is the intention of the panies that this Agreement shall survive any action for annulment or divorce which has been or may be instituted or prosecuted by either party and no order, judgment or decree of annulment or divorce. temporary, final or penn anent, shall affect or modifY the financial terms of this Agreement. This Agreement shall be incorporated, but not merged, into any final Decree in Annulment or Divorce. 21. Wailln of Rig"t! Under Pennsyll'tUlia Oil'Of'Ce Code - The panies hereto acknowledge and understand that the Divorce Code of Pennsylvania, as amended, secures certain rights, benefits and obligations to domestic litigants by resort to a Coun of Law in PeMSylvania, such rights, benefits and obligations, including but not limited to alimony, alimony pendente lite, equitable distribution of nwital property, injunctive relief, maintenance ofinsurance policies, right to live in the family home, and payment of counsel fees, costs and expenses. The panies hereto have been advised and acknowledge that each understands that the Divorce Code of Pennsylvania, 23 Pa. C.S,A. ~3101, et seq.. as amended, specifically exempts from the definition of marital property that property excluded by valid agreement of the panies, and the panies hereto intend that this Agreement be such a "valid agreement" to excludc such property, and that the statutory law shallthereforc govern, The panies hereto further acknowledgc that upon execution and acceptance of the within Agreement, they are irrevocably waiving all of the rights, benefits and obligations provided in the Divorce Code of PeMsylvania, the Civil Procedural Support Law ofPeMsylvania, or other applicable law. 22. Wailln of Rig"" Untkr OivotU CfXk of Ot"er Ju"sd/cdons - In the event that any action for annulment, divorce, dissolution ofmaniage, separate maintenance, support or similar actions shall be instituted by either of the panies in a jurisdiction other than Pennsylvania, the panies further agree that each of them does hereby waive any and all rights that the laws of that jurisdiction shall grant to them, whether such jurisdiction is a state which permits equitable distribution of marital property or not, whether such state recognizes the concept of community property, or whether or not the laws of any such state are similar or dissimilar to the laws of the Commonwealth of Pennsylvania. In the event that the law of such other jurisdiction holds invalid any waiver of spousal support, then that party obtaining spousal support agrees to indemnifY and hold hannless the other party dollar for dollar for any amount that must be paid as spousal support, alimony pendente lite, pennanent alimony or the like, ' 2J. Parties' Intent - The panies intend that, pursuant to the PeMsylvania Divorce Code, this Agreement constitute a Property Settlement Agreement within the meaning of the Code, with all the rights and remedies available thereunder, If, for any reason this Agreement cannot be considered a Property Settlement Agreement within the meaning of the Code, ihen this Agreement shall be considered a Senloment Agreement and Release of Claims in which, for the consideration stated in this Agreement, and for and under the promises, tenns and conditions contained therein, the parties agree 10 release any and all claims they each may have against the other arising out of the claims --!- c:', r-:\I'j , CiiIY'(: -,1 't' "''"l:f',Y ('!. r.';I' 1'1 ._'IJ I \ r " ill '1.1"'.,1, \f't';.'" (,(1;'.:. :;. I'L"'''I_' 111",,1 l,I"Jl,...'....\ .,..... ,dl :- N [, I- e:>; UI~ . .. (~; C"; , .~ pO' ' -- - " " l'jr: L_'.. .~ - I' ., .~. liJ: ,J 'f"l i""~' I" C..: .,.;: I .- in] i ,. . . !r.:... ,I , ,,' '...., (; . AURORA DIZO, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. Plaintiff, I (i,' (,; C_ .Jll I No. 1 (, vs. I - -,; (! .) II '--' . .J I ORLANDO E. DIZO, I I Defendant. I CIVIL ACTION - IN ANNULMENT .OTIC. TO DIPI.D "D CLAIM RIOHT. IOU BAVI .... .UID I. COURT. If you wish to defend against the claims set forth in the fOllowing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A jUdgment may also be entered against you for any other claim or relief request~d in these papers by the Plaintiff. You may lose money or propertr or other rights important to you, including custody or visitat on of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, IP IOU DO .OT PILI A CLAIM POR ALIMO.I, DIVIIIOR OP 'RO'.RTI, LAKY.R'I rl.1 OR 1..1.... ..PORl A DIVORC. OR ~BT II ORABT.D, IOU Mal LO.I TH. RIOHT TO CLAIM ..lor THIM. IOU IHOULD TAlI THII .APIR TO lOUR LAKY.R AT ORC.. Ir IOU DO RO'l' BAVI A LAKY.R OR ~OT AFPORD 0.1, 00 TO OR T.LI.IO.. TI. orrIC. lIT rORTH ..LON TO rI.D OUT IfIIIRI IOU CAB OIT LlOAL BIL.. Court Adaiaistrator Cuaberlaad Couaty Courtbouse, ttb rloor Carliale, 'eaaayvlaaia 17013 .boael 7l7-2tO-6200 AURORA DIZO, I IN THE COURT OF COMMON PLEAS Plaintiff, I CUMBERLAND COUNTY, PENNA. I vs. I No. I ORLANDO E. DIZO, I Defendant. I Civil Action - In Annulment COM'LAIBT IB JUlJfULMl:IIT 1. Plaintiff, Aurora Dizo, is an adult individual residing at 26 Charisma Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Orlando E. Dizo, is an adult individual residing at 26 Charisma Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and the Defendant were married October 5, 1986 in Philadelphia, Philadelphia County, Pennsylva- nia. 6. On November 3, 1980, Defendant married one Nehmia V. Ramos in Ramon, Isabela. 7. On October 5, 1986, Defendant entered into the marriage with the Plaintiff when the aforesaid marriage to Nehmia V. Ramos had not been annulled, nor had there been a divorce or any termination of said marriage contract. 8. The Defendant knowingly entered into a bigamous marriage with the Plaintiff, the innocent and injured spou8e, when the aforesaid former marriage was still subsisting. 9. There has been no confirmation by cohabitation or other acts by the Plaintiff subsequent to the removal of the impediment to the marriago. WHEREFORE, Plaintiff requests that the alleged marriage between herself and the Defendant be deemed null and void, and that the Court enter a Decree of Annulment. I verify that the statements made in this Complaint 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 falsifications to authorities. _CL~ ~. ~ AURO DIZO IRA H. WlIBSTOCK, ..C. 800 North Second Street Harrisburg, PA 17102 Phone I 717-238-1657 By I J H\ tt. (LV. 'lit rlocfJ~ IRA H. WEINSTOCK . ,. III ~ ~ 110 . ~ . ~ffi .... . p .... +' ! .... c:: ~p, +' III .. c:: 'tl o . .... c:: u>< :z: III CII r.,E-< H ~ .... 110 CII oE:; I . Cl . 0 E<O rn N ~U :z: . :> H 0 0 Cl H o~ E-< N :z: U U H . ~ < Cl ~ ~~ H ~ 0 ~ E<~ H Cl H :z: ci~ 0 :z: i ~ < HU :Z:U < Ci1 0 U f\- ,,~ -.", ~ ~ ?\(~\ \~ r'- . -- ~ '\- --.l .... -....r ><-. --J \..\oJ -'\ <'.JJ ..N ~\ I - ~ ~ .-. I <.. ~ ----.::: ' '-. .......~ '-'\ C'l . \ \..-" r {'j ~ . . . o a,; II g III g !~ ~ ~~a~ll~t j~!ill <( x ex: - c~ '1 ': lfj (;, () " :J . j71 '1 h, 'l~:J I() ,dJ '~CJ i.~)nl " ~-:'i -< ,..j .... _J '.-t) .,.; ~:I :',? . . - .. :~ (../J CJI ~. AURORA DIZO, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. Plaintiff, I I vs. I No. 96-203 I ORLANOO E. DIZO, I I Defendant. I Civil Action - Divorce AFrIDAVIT OP SIRVICI Ira H. Weinstock, Esquire, being duly sworn according to law, deposes and says that he mailed a true and correct copy of the Complaint in Divorce upon the Defendant on January 18, 1996, by depositing it in the United States mail, return receipt requested, restricted delivery addressed as follows I Mr. Orlando Dizo, 26 Charisma Drive, Camp Hill, Pennsylvania, 17011. At- tached hereto as Exhibit "AU is the Receipt for Certified Mail and a PS Form 3849 from the post office which indicates the Defendant received and signed for the Complaint. The return receipt signed by the Defendant was inadvertently misplaced after it was returned to the undersigned. 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. ,-Otl\ 1-1. td.C(II.Jlllc( IRA H. WEINSTOCK o Largo envelope. maijDzino, e:Jlat o Pareol [j Oellvery e.,n ed to Addressee Perl.hablllle, o Dolivered BV P5 Form 3849, 0 .. P 302 20b &107 RECEIPT FOR CERTIFIED MAIL '-0 ,"~\JM",-(r ce.l""'''! 111,';,,[:10 '.Olllll! L~'(M",I,!;(j'-"1 U"'l /s,'o nt'~'",~"" ~ ill 5l'nllo -j>;.!ct) I lv.QdCl'ldl" Street ,lnd Uo J:>ri >It. cJl." c..j'nr ism 0 ~ P.p 51.lht <lllll ~[,Cllt' fj1 /-/0 /I d '-.t .J. I. ~ flu!ol,IlIO \ .3.t C.....,'I'I.d fl'll 1.10 SPNI,lllll'hvU,..,. Il.t! ne,tllLlcd Ill'l,v"''''' Fee .2.1!:> nlllufll nl'u"lll...lllh"'ll1lJ I .IC> 10 ~hll'" .lnllll.ltll Dl'livI'II'd on II 1l(llulII HI!(t"lll ~hOill'lr'~ 10 "",11ll1ll ~ 0.111' .1"" AIILl"....s 011 1'10""..,. ~ lOt^L Pll!tlil1ltl ,Inti fl1l's ' 5.2'1 ., . fln!tll1'lil'Io 0' n,llll ! l/Ihhl.. ll! G> OIIlVOlY NotleelRlmlndOllReellpl ~ EXUIBIT "A" '. Ul ~ 0 H' . . 110< .... +' ~ :z:iia .... c:: tl ~ CII .... III ~ " o tal U +' 'tl H III ~p, I-< c:: c:: ~ o ~~ ~ 0 .... CII B 0 ~ o . :> III .... u>< 'M .-l QJ Ul !-oS ~ ~~ Cl P< . Cl . 0 r., (] Z~~~ I~ t I N 0 0 . H ~~.~I E<U c:: . Ul Cl E-< "' ~r 0 :> H i N . ~ o C+' H ~ . ~ U NU Cl Q 1< 0 H :I: <( tal '" ~ Cl r.. x = C71~ :z: ~ ~ E< ~ .... 0 ~ . :> ~ :z: O'M .... HUZU 0( 0 . , :,) ;'11 ,',l r.-, AURORA DIZO, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. Plaintiff, I I VS. I No. 96-203 I ORLANDO E. DIZO, I I Defendant. I CIVIL ACTION - ANNULMENT MOTIOB POR BBTRI OP DICRIB IN ANNULMIBT Plaintiff, Aurora Dizo, by and through her attorneys, IRA H. WEINSTOCK, P.C., hereby motions the court to enter a Decree in Annulment for the following reasons: 1. A Complaint in Annulment was filed in this Court on January 17, 1996. 2. A Motion for Appointment of Master and the Affida- vit of Service was filed in this Court on April 11, 1996. 3. The parties were married on October 5, 1986 in Philadelphia, Pennsylvania. 4. Defendant, Orlando E. Dizo, married one Nehmia V. Ramos on November 3, 1980 in Ramon, Isabela, Republic of the Philippines. S. Defendant entered into the marriage with the Plaintiff on October 5, 1986 when the aforesaid marriage to Nehmia V. Ramos had not been annulled, nor had there been a divorce or any termination of said marriage contract. 6. Orlando Dizo hereby represents that he does not intend to present any defense to the facts alleged in the above- refsrenced complaint in annulment, and does not contest the accuracy of the facts there alleged. (See Stipulation filed hereto) . 7. The parties have entered into a Property Settlement Agreement and/or Agreement and Release of Claims dated March 27, 1996. Said Agreement will be incorporated into the Decree in Annulment by reference and the parties have agreed to comply with it. 8. The parties entered into a Stipulation on May 15, 1996 which is being filed simultaneously with this motion. 9. Orlando Dizo hereby represents that he agrees to the entry of a decree of annulment in the above-captioned matter. (See Stipulation filed herewith). WHEREFORE, Plaintiff, Aurora Dizo, requests that the alleged marriage between herself and the Defendant be deemed null and void, and that the Court enter a Decree in Annulment. Respectfully Submitted, IRA H. NlIBSTOCK, '.C. 800 North Second Street Harrisburg, PA 17102 Phonel 717-238-1657 BYI u)/o {I, LLU1illflocl_ IRA H. WEINSTOCK . j, I~ ~i I I! ~i S ~s = iu . ~ ~ .... +' C .... ~ III . +' C III 'tl C Gl ~ Gl Q ! Q "" o j! o a; II ~ ro. o :s III ~ ~a i ~ ~ ~~~~~I~t j~ if i < x llI: ... . : . o N I-l Q . o N I-l Q ~ ~ , i:Il II: 2el @l I-l ~ E j n '0 ~;. u, n CBi: ' t_ -11 f':: :-;1 ~:,' f! ;'': ,0111 (h.l~ "~ ,<, ,r' r:;L " .:"~ :"r! . '!:}.J ,~; C', 't--:(- -- . )- J' . ~~ .:jf.{ , . tT1 ~-'I --, I- .. II) :~~ AURORA DIZO, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. Plaintiff, I I va. I NO. 96-203 I ORLANDO E. DIZO, I I Defendant. I CIVIL ACTION - ANNULMENT STIPULATION The parties hereby stipulate to the following facts with regard to the above-captioned matter I 1. A Complaint in Annulment was filed in this Court on January 17, 1996. 2. A Motion for Appointment of Master was filed in this Court on April 11, 1996. 3. The parties were married on october 5, 1986 in philadelphia, Pennsylvania. 4. Defendant married one Nehmia V. Ramos on November 3, 1980 in Ramon, I8abela, Republic of the Philippines. s. Defendant entered into the marriage with the Plaintiff on October 5, 1986 when the aforesaid marriage to Nehmia V. Ramos had not been annulled, nor had there been a divorce or any termination of said marriage contract. 6. Orlando Dizo has been advised to retain independent legal repreaentation in this matter and after being so advised has knowingly, voluntarily, intelligently and willingly chosen to decline to retain 8uch counsel. 7. Orlando Dizo hereby represents that he does not PROPERTY SE'I"J'U:Mt:NT MfREEMt:NT AND/OR M;RHl\U:NT AND Rt:U:ASt: m' CI.AIMS This PROPERTY SETTLEMENT AGREEMENT AND/OR AGREEMENT AND RELEASE Of CLAIMS is made and entered into this 171/1 day of March, 1996, by and between Aurora Dizo and Orlando E Dizo WHERE..,S, Aurora Dizo. an adult individual residing in the Cumberland County, Commonwealth of Pennsylvania; and Orlando E. Dizo, an adult individual residing in Cumberland County, Commonwealth of Pennsylvania. were married on October 5, 1986 in Philadelphia, Philadelphia County, Pennsylvania; and WHERE......., on the date of the plll1ies marriage, Aurora Dizo was unaware that Orlando E. Dizo had. on November 3, 1980, married one Nehmia V. Ramos in the City or Municipality of Ramon, in the Province oflsabela. in the Republic of the Philippines, and that the marriage of Orlando E. Dizo and Nehmia V. Ramos had not been dissolved by divorce or annulment; and WHERE......., when Aurora Dizo leamed that the marriage of Orlando E. Dizo and Nehmia V. Ramos existed and had not been dissolved. Aurora Dizo tiled a Complaint in Annulment in the Coun of Common Pleas, Cumberland County, Pennsylvania, Docket No. 96.203; and WHERE"'S, Orlando E. Dizo has agreed to the entry ofa Decree of Annulment of the marriage between the panies to this Agreement; and WHERE..,S, Aurora Dizo and Orlando E. Dizo desire to sellle and determine their rights and obligations; NOW THEREFORE, in consideration of the mutual promises, covenants, and undenakings contained herein, it is agreed by and between the panies hereto that: I. Separad/1fI -It shall be lawful tor each pany at all times hereafter to live separate and apan from each other at such place as he or she from time to time shall choose or deem fit. 1. Intet/erences - Each party shall be free from interference, authority and control by the other. as fully as if he or she were single and unmarried. except as may be necessary to carry out the provisions of this Agreement. Neither plll1y shall molest or allemptto endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence. separate and apan from the other J. DMsi/ln (If Real PrrJPU'J' - The plll1ies agree that Aurora Dizo advanced signiticant monies toward the purchase of the real property mentioned herein and contributed significant monies toward the upkeep and maintenance of said propeny. Accordingly. the panics agree that Aurora Dizo shall receive the real estate located at ::!6 Charisma Drive. Camp Hill. Cumberland County, Pennsylvania. now titled in the name of Aurora Dizo and Orlando E. Dizo, subject to the mongage thereon. Aurora Dizo shall be responsible for payment of this obligation. together with all taxes, costs. maintenance. and expenses associated with the real estate. Funher. she agrees to indemnifY and hold Orlando E. Dizo harmless for payment of such obligations. 4. I);..;s;on (if Personal P,(/pert}' - The parties have divided, to their mutual satisfaction. all personal property owned by them during the marriage including, but not limited to, household goods and furnishings, personal eITects and other property used by them in common and neither party will make any claim to any of the personal property presently in the possession of the other. The parties agree that should it become necessary at any time for either party to execute any titles, deeds, or similar documents to give eITectto this paragraph, it shall be done immediately upon the request of the other party. S. Pens;(}If Plan., - Aurora Dizo agrees to relinquish all rights, title, and interest she may have in any and all of Orlando E. Dizo's pension plan(s). Orlando E. Dizo agrees to relinquish all rights, title. and interest he may have in any and all of Aurora Dizo's pension plans. 6. Alimony - Each party hereby agrees not to claim or demand any support for himself or herself, alimony pendente lite, permanent alimony, counsel fees or expenses from the other party, except as specifically provided in this agreement. The parties agree that the earning capacity of Orlando E. Dizo significantly exceeds the earning capacity of Aurora Dizo. The parties agree that Aurora Dizo contributed significant monies, consisting of her pre-marital savings and assets, toward the purchase of and maintenance of assets acquired by the parties and toward the maintenance and support of Orlando E. Dizo in the belief that her marriage was valid and would continue. The parties agree that if Aurora Dizo had not contributed said monies in reliance on the validity of her marriage, these monies would have been available for and used toward her continued maintenance and support. The parties agree that because Aurora Dizo did expend her pre-marital savings and assets upon the items mentioned herein, additional monies are necessary for the maintenance and support of Aurora Dizo. Accordingly, the parties agree that Orlando E. Dizo shall pay to Aurora Dizo. commencing upon the date of entry of the Decree of Annulment, with each subsequent payment due on the tenth day of each month thereafter for a period of fifteen ( I S) years, the sum of two hundred dollars (5200.00) per month. The parties agree that the monies paid to Aurora Dizo under this section of this Agreement shall be considered alimony and that, to the extent permitted under the Internal Revenue Code and Regulations thereunder, such amounts may be considered as alimony includable in the income of Aurora Dizo, and deductible by Orlando E. Dizo. 7. Breach - If either party breaches any provision of this Agreement. the other party shall have the right, at his or her election. to sue for damages for breach. The party breaching this Agreement shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties agree that they may enlbrce this Agreement in accordance with the provisions as setlbrth in the Divorce Code of 1980, as amended. 8. F/lIII)isc/osure - Orlando E. Dizo and Aurora Dizo each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all of their assets and income to the other. Although values for assets fluctuate and appraisals of the value of real estate and other assets are subject to diITerences of opinion. each acknowledges that they have clearly and completely disclosed to each other their assets and their liabilities -2- 9. Adtlidonllllnstruments - Each of the paniesto this Agreement shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents 10 change of beneficiary on insurance policies, tax returns and olher documents and do or cause 10 be done any other act or thing that may be necessary or desirable to the provisions of this Agreement. If either pany fails on demand to comply with this provision. that party shall pay to the other all allorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 10. Wllil'er of Claims Against Estates - Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the olher as a result of their relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will. to the request of the other, e"ecute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. II. Ikatft Dllring Period ofSeptUrltion -In the event the parties are residing separate and apart at the time of either party's death. it shall be deemed that the parties marriage has been annulled. In this event, the surviving party shall receive only that property described in this Agreement. 12. Effective .4greement - This Agreement shall bind the parties, their heirs, executors, administrators and assigns. /J. VoIllntlll)' Exealdon - The provisions of this Agreement are lWIy understood by both parties and each party acknowledges thatlhis Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. U. Entire AlP'ffment- This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. Prior Agreement - It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 16. ModificlllilHt and Wllil'er - Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent delilUlt of the same or similar nature. 17. (,'U1'1!171ing I.aw - This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN. Independent Sepa1'llte (iJloenllnt,f - It is specifically understood and agreed by and between the parties hereto lhat each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. -~- 19. Vt,id (7tlUse.f - If any term. condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition. clause or provision' shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 20. En"" 4f Ptlrt of Decree - It is the intention of the parties that this Agreement shall survive any action for annulment or divorce which has been or may be instituted or prosecuted by either party and no order, judgment or decree of annulment or divorce,temporary, final or permanent. shall affect or modifY the I1nancialteims of this Agreement. This Agreement shall be incorporated, but not merged. into any final Decree in Annulment or Divorce. 21. WllivntfRiglt" Under PennsylVtlftitl D11'tJn:e CtHIe - The panies hereto acknowledge and understand that the Divorce Code of Pennsylvania, as amended, secures cenain rights, benefits and obUgations to domestic litigants by reson to a Court of Law in PeMsylvania, such rights, benefits and obligations. including but not limited to alimony, alimony pendente lite, equitable distribution of nwital property, injunctive relief, maintenance of insurance policies, right to live in the family home, and payment of counsel fees, costs and expenses. The panies hereto have been advised and acknowledge that each understands that the Divorce Code ofPeMsylvania, 23 Pa. C.S.A. ~3101, et seq., as amended, specifically exempts from the delinition of marital propeny that propeny excluded by valid agreement of the panies, and the panies hereto intend that this Agreement be such a "valid asreement" to exclude such propeny, and that the statutory law shall therefore govern. The panies hereto further acknowledge that upon execution and acceptance of the within Agreement, they are irrevocably waiving all of the rights. benefits and obligations provided in the Divorce Code of Pennsylvania, the Civil Procedural Suppon Law ofPeMsylvania, or other applicable law. 22. Wllivn of Riglt" Untkr Divotr:e Code tf Otlter Jurisdic:tiOfts - In the event that any action for annulment, divorce, dissolution ofmaniage, separate maintenance, suppon or similar actions shall be instituted by either of the parties in a jurisdiction other than Pennsylvania, the panies funher agree that each of them does hereby waive any and all rights that the laws of that jurisdiction shall grant to them, whether such jurisdiction is a state which permits equitable distribution of marital property or not, whether such state recognizes the concept of community property, or whether or not the laws of any such state are similar or dissimilar to the laws of the Commonwealth of Pennsylvania. In the event that the law of such other jurisdiction holds invalid any waiver of spousal suppon, then thai party obtaining spousal support agrees to indemnifY and hold harmless the other party dollar for dollar for any amount that must be paid as spousal suppon, alimony pendente lite, permanent alimony or the like. 2.1. Ptlrtie.f' Intent - The panies intend that. pursuant to the Pennsylvania Divorce Code, this Agreement constitute a Property Settlement Agreement within the meaning of the Code, with all the rights and remedies available thereunder. If, for any reason this Agreement cannot be considered a Propeny Settlement Agreement within the meaning of the Code, then this Agreement shall be considered a Selllement Agreement and Release of Claims in which, for the consideration stated in this Agreement. and for and under the promises, terms and conditions contained therein, the panics agree to release any and all claims they each may have against the other arising out of the claims -~- Ul ~ ...:I' p,~ ~ :z:~ ~ O~ !l110 o. e U>< ~ [:J~ I o E-<U :z: ~ClMS 8i ~ t; I~ ~ \D = "'...:I E-<!!;l H :z:B ci ~ HU :Z:U . .... .... 'rl +' c:: .rl III ~ 110 . o N H Cl ~ o p:: ~ . rn :> . +' c:: III 'tl c:: Q) .... Q) Cl :z: o ~ 110 H E< III . o N H Q . ~ o Q ~ iil o , . o c.: N ~ ~ g ~~ ~ I-oa~~ ~~~8~ j ~~~~ . ~ ~ ::c .. < x Ill: - " ~ I ~ t i ('j \1) (') ,-. 0' ;.;.; "I ~i-;i '1,';: --J ['h" '.. ::i71 ..... :0.::: '~ :-: I. !,!}. ~~- r;i. .." ,!:?! :J-;';t-, ~.\,-, =..: : li', ..(-, ~..) l.5rn "I ... :n ?~ ...~ \0 -.~ "IOI,n1 A'V.IIO COMMn,.....,EAl fit UI 'ENN'YI-VANIA UU'AATMUH fl' HIAl Ot VITAL R(COROI COUNTY RECORD OF DIVORCE OR ANNULMENT TAU 'ILl NUM"A STATE 'llE DATE Cumberland o ICHOCK ONO, [i] HUS'AND ,. 5'"'' o,R,D. C'y, '0'0. 0' r"",,- Colln,y s,.,. 2 DATE O. 81RTH .. 'lACE O. 8lATH J USUAL OCCU'''' TlON or , ,., \. ,.,....... (,,,,,I Orlando MH1dl.J E. .., Dizo 9/4/47 AlIloENCI .'.0' 0""" "n")' .. NU....I" 0' THII 2 . Hill Cumberland PA OLD" OTH'~'f>'h'llipin WIFE Civil Engineer 26 Charisma Drive .. .....IO.N,.,...... ('"lfl IMIdd,.J IUIII Aurora Jacob 'd. AIIIDINC. $ttHt 0' R.D. Cry, 'oro, Of T""p.. Colln,y 5'.,. 26 Charisma Drive Hill Cumberland PA ... NUl...... IL"'Ck OTHER tSpeclfyl 0' THII 2 D I&J Philipi \I DAU O. BlATH 11. Pl...CI O' BIRTH U . 1 ",II Y ,., 9/4/47 fI,.t. Of Fa""" Count,.,,1 II. PLAe. 0' O,THII .........1..0. NU...... 0' CHU.. D"'N THII .........IAO. NU...." 0' HUH AND WIlli eHILOR.HTOO 0 TOO V 0' DATI 0' o.e.... (ea"",,1 1St.,. 0' Fo",,,, Colln",I Philadelphia County, Pennsylvania Medical Technologist DATE 0' Mon,,, y THIS ......R A 1...0 E ,., 10/5/86 o nl. NU....,!f~ Of DI'ENDENT CHII- oAIN UNolR 11 o 11, 'l.A,NTIF, HU.....ND o WIFE lil " OTHl!" IIp.cllyl o HUSIAND o WI'. OTH'A II.-Cllyl D . .. '0. "LIT eUSTOOY o OTH'AIIPlCllyl o N A LIOAI- aROUNDS fOR OIVORCt OR ANNULMINT Section 3303 :r:t. OAn flU'OHT SENT TO VITAl- RECORDS of the Divorce d Ale,.,,, y ., n. (_n,1II (o.yl ,.,...,1 U, IION...TU... 0' T"AHlCIllUIlHa CL'''I( n \D ~ C;; o~ ?. t rnl -on:; 2 ~S: -~ .. ?;; I' -" "'- . I' . " ~!J ~,' ,~ .' , . ~~.. -J :;'~r 'n r. ~r -- J- 5~c 't~ ~;~ 't"' ::1 :J1 ,. ~l \0 ... '1 II , , , i , \ , .-t .-t I:) GIro O:>.-t N...j ...j ~< Qt:llli .g m . =rn.-t Ill'..j.-t .-t Iol...j Iollllltl ~tl ~ ~~U -. , ! . .' " \J ~ J ,'. " , "..."".'" " "J,:' . "I' S ..I: ...~ . ...< II ..- 1.1 t;;~ i 0 o~ "8Zi:; lII,..oz r.~~! ... -....L ! al5li:t.i ..~ .... ...I i~ ... ~~ , X , I 'I' , ,. .' . . I " . . . t '4;< ~I. . . . , r' I "1' './ < . .. '. t -.- . i . , ,1 :. j , I ! 1 .' . , , \ 1 , . ~. '.' '. ..'. L' )~ . . I ;' I I. . " . t. I '. 'Iii: ~ ) . I : f ,I , Plaintiff, I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN('A. ~ ..1 '-: ,,1~~ ._ IL",_ ';.: NO. 96-203 . ." (r,'.I' - ~. r~1. ""'T"J ~,.:( , ... CIVIL ACTION - ANNUL~~ ~ :., ::i ,..,. -. ~ (I) ., -I ~:%:n :,~, ,1'1 .., I _:, ..1 ., I~ ~ AURORA DUO, V8. ORLANDO E. DUO, Defendant. I I I STIPULATION The partie8 hereby stipulate to the following facts with regard to the above-captioned matterl 1. A Complaint in Annulment was filed in this Court on January 17, 1996. 2. A Motion for Appointment of Master was filed in this Court on April 11, 1996. 3. The parties were married on October 5, 1986 in Philadelphia, Pennsylvania. 4. Defendant married one Nehmia V. Ram08 on Novembsr 3, 1980 in Ramon, I8abela, Republic of the Philippines. S. Defendant entered into the marriage with the Plaintiff on October 5, 1986 when the aforesaid marriage to Nehmia V. Ramos had not been annulled, nor had there been a divorce or any termination of said marriage contract. 6. Orlando Dizo has been advised to retain independent legal representation in this matter and after being so advised has knowingly, voluntarily, intelligently and willingly chosen to decline to retain such counsel. 7. Orlando Dizo hereby represents that he does not intend to present any defense to the facts alleged in the above- referenced complaint in annulment, and does not contest the accuracy of the facts there alleged. 8. Orlando Dizo hereby represents that he agrees to the entry of a decree of annulment in the above-captioned matter and further agrees that a Master's hearing is not necessary at this time. 9. The partie8 request that the alleged marriage between them be deemed null and void, and that the Court enter a Decree in Annulment. 10. The parties have entered into the attached Prop- erty Settlement Agreemsnt and/or Agreement and Release of Claims dated March 27, 1996. Said Agreement will be incorporated into the Divorce in Annulment by reference and the parties have agreed to comply with it. WITNESS I 1~1'''ol''_ l Uifl'/1J. ( 1 (Ju 1,~'iL<L ' AURORA DIZO ! ., Datedl.5' ,I'';,---{I~: oj /.1 . .JJ:iA.l-cl) ,'7{t'rI(\((I... It ','-{J'll! I.) (I{Jlll.till .;:, A!r.,~ ORLANDO E. DIZO ' Dated I ~ I g- )ac.. , PROPERTY SETTLEMENT AGltEEMENT AND/OR AGREEMENT AND REI.E,\SE OF CLAIMS This PROPERTY SETTLEMENT AGREEMENT AND/OR AGREEMENT AND RELEASE OF CLAJMS is made and entered into this ~71/1 day of March, 1996, by and between Aurora Dizo and Orlando E. Dizo. WHERE."S, Aurora D;zo, an adult individual residing in the Cumberland County, Commonweahh of Pennsylvania; and Orlando E. Dizo. an adult individual residing in Cumberland County, Commonwealth of Pennsylvania. were married on October 5, 1986 in Philadelphia, Philadelphia County, Pennsylvania; and WHERE....\~ on the date of the panies maniage, Aurora Dizo was unaware that Orlando E. Dizo had. on November 3, 1980, married one Nehmia V, Ramos in the City or Municipality of Ramon, in the Province oflsabela, in the Republic of the Philippines, and that the marriage of Orlando E, Dizo and Nehmia V. Ramos had not been dissolved by divorce or annulment; and WHERE.W, when Aurora Dizo learned that the maniage of Orlando E. Dizo and Nehmia V. Ramos existed and had not been dissolved. Aurora Dizo filed a Complaint in Annulment in the Coun of Common Pleas, Cumberland County, PeMsylvania, Docket No. 96-203; and WHEREAS, Orlando E. Dizo has agreed to the entry of a Decree of Annulment of the marriage between the panies to this Agreement; and IflHERE.-4S, Aurora Dizo and Orlando E. Dizo desire to seule and detennine their rights and obligations; NOW THEREFORE, in consideration of the mutual promises, covenants, and undenakings contained herein, it is agreed by and between the panies hereto that: I. Separatiflll - It shall be lawful for each pany at all times hereafter to live separate and apan from each other at such place as he or she from time to time shall choose or deem fit. 2. lntet/erenct!S - Each party shall be free from intert"erence, authority and control by the other. as fully as if he or she were single and unmarried, except as may be necessary to carry out the pro\lSions of this Agreement. Neither pany shall molest or atlemptto endeavor to molest the other, or in any way harass or malign the other, nor in any other way intert"ere with the peaceful existence. separate and apan from the other. J. OiliS;f/tf of Real Property - The parties agree that Aurora Dizo advanced significant monies toward the purchase of the real property mentioned herein and contributed significant monies toward the upkeep and maintenance of said propeny. Accordingly. the parties agree that Aurora Dizo shall receive the real estate located at ::!6 Charisma Drive, Camp Hill. Cumberland County, Pennsylvania, now titled in the name of Aurora Dizo and Orlando E. Dizo, subject to the mongage thereon. Aurora Dizo shall be responsible for payment of this obligation. together with all taxes. costs, maintenance. and expenses associated with the real estate. Funher. she agrees to indemnifY and hold Orlando E, Dizo harmless for payment of such obligations. 4, DMiion of Penlmal Propert)' - The parties have divided, to their mutual satisfaction, all personal property owned by them during the marriage including, but not limited to, household goods and furnishings. personal effects and other property used by them in common and neither party will make any claim to any of the personal property presently in the possession of the other. The parties agree that should it become necessary at any time for either party to ellecute any titles, deeds, or similar documents to give elTectto this paragraph. it shall be done immediately upon the request of the other party. 5, Penn()tf Plans - Aurora Dizo agrees to relinquish all rights, title, and interest she may have in any and all of Orlando E. Dizo's pension plan(s). Orlando E. Dizo agrees to relinquish all rights. title, and interest he may have in any and all of Aurora Dizo's pension plans. 6. Alimony - Each party hereby agrees not to claim or demand any support for himself or herself. alimony pendente lite, permanent alimony, counsel fees or ellpenses from the other party, ellcept as specifically provided in this agreement. The parties agree that the earning capacity of Orlando E. Dizo significantly ellceeds the earning capacity of Aurora Dizo. The parties agree that Aurora Dizo contributed significant monies, consisting of her pre-marital savings and assets, toward the purchase of and maintenance of assets acquired by the parties and toward the maintenance and support oiOrlando E. Dizo in the beUefthat her marriage was valid and would continue, The parties agree that if Aurora Dizo had not contributed said monies in reliance on the validity of her marriage, these monies would have been available for and used toward her continued maintenance and support. The parties agree that because Aurora Dizo did ellpend her pre-marital savings and assets upon the items mentioned herein, additional monies are necessary for the maintenance and support of Aurora Dizo. Accordingly, the parties agree that Orlando E. Dizo shall pay to Aurora Dizo, commencing upon the date of entry ofthe Decree of Annulment, with each subsequent payment due on the tenth day of each month thereafter for a period of fifteen (IS) years, the sum of two hundred dollars (5200.00) per month. The parties agree that the monies paid to Aurora Dizo under this section of this Agreement shall be considered alimony and that, to the elltent permitted under the Internal Revenue Code and Regulations thereunder, such amounts may be considered as alimony includable in the income of Aurora Dizo. and deductible by Orlando E. Dizo. 7. Breach -If either party breaches any provision of this Agreement. the other party shall have the right. at his or her election. to sue for damages for breach. The party breaching this Agreement shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. or seeking such other remedy or relief as may be available to him or her. The parties agree that they may enforce this Agreement in accordance with the provisions as set forth in the Divorce Code of 1980, as amended. B, Fldl Disclosure - Orlando E. Dizo and Aurora Dizo each represent and warrant to the other that he or she has made a full and complete disclosure to the other or all of their assets and income to the other. Although valueslbr assets fluctuate and appraisals of the value of real estate and other assets are subject to differences of opinion, each acknowledges that they have clearly and completely disclosed to each olher their assets and their liabilities -2- 9. AddititNIaJ Instnlments - Each of the panies to this Agreement shall on demand execute and deliver to Ihe other any deeds, bills of sale, assignment, consents 10 change of beneficiary on insurance poiicies, tax returns and other documents and do or cause to be done any other act or thing that may be necessary or desirable to the provisions of this Agreement. If either party fails on demand to comply with this provision, that pany shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 10. Wail'e, of Claims Against Estates - Except as otherwise provided herein, each party may dispose of his or her propeny in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the propeny or the estate of the other as a result of their relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the othCf's estate. and each will. to the request of the other, execute, acknowledge and deliver any IIId all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. II. DetItIt O"ring Period ofSqHI1VIitNI -In the event the panies are residing separate and apan It the time of either party's death, it shall be deemed that the panies marriage has been annulled. In this event, the surviving party shall receive only that propeny described in this Agreement. 12. Effective .",nement - This Agreement shall bind the parties. their heirs, executors. administrators and assigns. IJ, VoI"nttll)' ExecudtNI - The provisions of this Agreement are fully understood by both panies and each pany acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence, U. Entin ."gr'ffment - This Agreement contains the entire understanding of the parties and there are no representations. warranties, covenants or undertakings other than those expressly set forth herein. IS. Prio, .",nement - " is understood and agreed that any and all propeny selllement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 16. ModificatitNI and Wail'" - Any modification or waiver of any provision of this Agreement shaH be effective only if made in writing and executed with the same fonnality as this Agreement. The failure of either patty to insist upon strict perfonnance of any of the provisions of this A!lreement shall not be construed as a waiver of any subsequent detault of the same or similar nature. 17. Gt1I<eming Law - This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18, Independent Separate COI'f!nanu - " is specilically understood and agreed by and belween the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. -J- . IfI. Jlo;d (1uU.fes - If any term, condition, clause or provision of this Agreement shall be dctennined i?r 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. 10. Ell"" tIS Pm tlf Decree - It is the intention of the panies that this Agreement shall survive any action for annulment or divorce which has been or may be instituted or prosecuted by either pany and no order, judgment or decree of annulment or divorce. temporary, final or permanent, shall affect or modifY the financial terms of this Agreement. This Agreement shall be incorporated, but not merged. into any final Decree in Annulment or Divorce. 11. Wlliver tJf Rights Ullder PenllsyllWf;U DiI'Of'Ce Code - The parties hereto acknowledge and Wlderstand that the Divorce Code of Pennsylvania, as amended, secures certain rights, benefits and obligations to domestic litigants by resort to a Court of Law in PeMSylvania, such rights, benefits and obligations. including but not limited to alimony, alimony pendente lite, equitable distribution of nwital property, injWlctive relief, maintenance of insurance policies, right to live in the family home, and payment of counsel fees. costs and expenses, The parties hereto have been advised and acknowledge that each understands that the Divorce Code ofPeMSylvania, 23 Pa. C,S.A. ~3101, et seq., as amended, specifically exempts from the definition of marital property that propeny excluded by valid asreement of the parties, and the parties hereto intend that this Agreement be such a "valid agreement" to exclude such propeny, and that the statutory law shall therefore govern. The parties hereto further acknowledge that upon execution and acceptance of the within Agreement, they are irrevocably waiving all of the rights, benefits and obligations provided in the Divorce Code of Pennsylvania, the Civil Procedural Support Law of Pennsylvania, or other applicable law, 11. WIIi\W tJf Rights UII. DiI'Ol'U Code tJf Other Jllrlsdit'liotls - In the event that any action for annulment. divorce, dissolution of marriage. separate maintenance. support or similar actions shall be instituted by either of the parties in a jurisdiction other than Pennsylvania, the parties further agree that each of them does hereby waive any and all rights that the laws of that jurisdiction shall grant to them, whether such jurisdiction is a state which pennits equitable distribution of marital propeny or not, whether such state recognizes the concept of community propeny, or whether or not the laws ofany such state are similar or dissimilar to the laws of the Commonwealth of Pennsylvania. In the event that the law of such other jurisdiction holds invalid any waiver of spousal support, then that party obtaining spousal support agrees to indemnifY and hold harmless the other pany dollar for dollar for any amount that must be paid as spousal support, alimony pendente lite, permanent alimony or the like. 1J. Purt;es' [IItellt - The parties intend that, pursuant to the Pennsylvania Divorce Code, this Agreement constitute a Property Settlement Agreement within the meaning of the Code, with all the rights and remedies available thereunder. If, for any reason this Agreement cannot be considered a Propeny Settlement Agreement within the meaning of the Code, then this Agreement shall be considered a Settlement Agreement and Release of Claims in which, for the consideration stated in this Agreement, and for and under the promises. terms and conditions contained therein. the parties agree to release any and all claims they each may have against the other arising out of the claims -~- contained in the Complaint in Annulment filed by Aurora Dizo and mentioned above. 14. Rtjirr!JmtlldOlf By Legal CtJfIffsel- The provisions ofthis agreement and their legal effect have been fully explained to Aurora Dizo by Ira H, Weinstock. Esquire, counsel for Aurora Dizo. Orlando E. Dizo acknowledges that he has been advised that he has the right to obtain legal counsel to represent him and has been urged to obtain legal counsel. Orlando E. Dizo has intelligently, knowingly, and voluntarily waived his right to be represented by legal counsel. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first written above. WITNESS: j ,I f1fc~ L<.)1. OI\.jJ,U _(L~u)AA J)., 'f AURORA DIZO . tL" rJ ~ {,uL 6'1 V\ -l ./ I~~ ORL~ . DIZO -5- AURORA DUO, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. Plaintiff, n ".> n I (- u' '11 96-203 .,,\t ,-- -:i vs. I No. ~~~ :',:';l I l~!~ : '1~ :,;.j ORLANDO E. DIZO, I (//.' I r~\. : :!. ~ j:H Defendant. I CIVIL ACTION - ANNU~~ - -'I. t.:J :.5"1 , ( , ..\ . , U1 ~ :;] MOTION rOR INUI or DICRlI IN AIIIIULIIIBT -, u:> Plaintiff, Aurora Dizo, by and through her attornsy., IRA H. WEINSTOCK, P.C., hereby motions the court to enter a Decree in Annulment for the following reasonsl 1. A Complaint in Annulment was filed in this Court on January 17, 1996. 2. A Motion for Appointment of Master and the Affida- vit of Service was filed in this Court on April 11, 1996. 3. The parties were married on October 5, 1986 in Philadelphia, Pennsylvania. 4. Defendant, Orlando E. Dizo, married one Nehmia V. Ramos on November 3, 1980 in Ramon, Isabela, Republic of the Philippines. s. Defendant entered into the marriage with the Plaintiff on October 5, 1986 when the aforesaid marriage to Nehmia V. Ramos had not been annulled, nor had there been a divorce or any termination of said marriage contract. 6. Orlando Dizo hereby represents that he does not intend to present any defense to the facts alleged in the above- referenced complaint in annulment, and doe8 not contest the AURORA DIZO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 203 plaintiff vs. ORLANDO E. DIZO, Defendant IN ANNULMENT ORDER OF COURT JC\-Q AND NOW, thi8 r-/) 2( day of 1996, a decree in annulment having been entered on June 12, 1996, and no economic claims having been raised in the action, the appointment of the Master is vacated. BY THE COURT, -..., ~ /--- . Sh y, P.J. cc: Ira H. Weinstock Attorney for Plaintiff Orlando E. Dizo Pro Se _ c..r'~f)\o'<\.'Jl.c ~/:2J /tu. . ,-.:15'. Fl!.ED-OFFlCE O~ 'I ". I'" - "I", ")T<R'( Jr I;'" .: II", . '" 1 96 JV1/?O Pi) 8: F.7 cu.....: ,", '.'.:'I'V ,.L,...I .,...; ,,) \1-...,.) .11 PENI~SYL\I J M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . A u.. (Z(J /LA . DIU) . Plaintiff . q(a-O{)..o:!:> . : File No. . . VS. : IN DIVORCE . . . ~ .DJ2-0 . . . Defendant . . NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the 1 above matter, having been granted a Final Decree in Divorce on the ~ day of ...J~ ,19ft.., hereby elects to resume the p~~or surname of Au. (UJ fJ-A (!" --J Aco[3 , and gives thi8 written notice pursuant to the provisions of 54 P.S. S 704. DATE:~ X, /qqCo; (]~t{WG s~at~~ ~MV~I cob eing re8umed Signature of name COMMONWEALTH OF PENNSYLVANIA: : ss. COUNTY OF CUMBERLAND . . On the~-HI day ofCY1tyll , 19q~, before me, a Notary Public, personally appe~ed the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpo8e therein contained. seal. In Witness Whereof. I have hereunto set my hand and official liJMu}//'L (7n .8ti:JJ Notary Public I';"', -',..,.,,~.'--l r.',"'. "'" ! '.,', . " '. ,;' '~:.:/,':'" I ........." .......:.......-........"...-..."...................... ;',- <, ..~ CCf ", ... ~~ 0 I':: P- I- l:'J / [ ~p i;" }.~ ~ .' . ).:" i ~ ~) ;'; .'- t:_ -~ c -1,:J 0 ::f (C. .0 -' '~.... ,,;' ._"l{l l:'J ':.< 0 ~ I." 'LiD . - S ;.1\ . t' 1. r= -, ~!i3: u. '.0 .': r;.,. <.:J .:J C.P Ll