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HomeMy WebLinkAbout97-01260 \ I I i ~ \ '\ ............ ~ ) .. .. ,/ ..rf! ,. , ,. , <: \. ~ ... '. .') .. '\:) I I ) . t'oo ~ . .--'~--*_~__~~~__.~_*_ro)**:'*"~.__*_~:~'-~ 8 --,--- ,--~---------~,- - 8 ~ 8 ~ IN THE COURT OF COMMON PLEAS ~ ~ 8 8 8 $ 8 e 8 8 i! .'~ OF CUMBERLAND COUNTY STATE OF .~ \ , '. ~ .... J. l, \"~'!< ,..t PENNA. .]OHNR, , LI\ED'i p Plaintiff N (I, p.l9,9,Lp....... ..JZ.!iO..... ~ ,~ ., V(.')'SllS ANNE ,T. LEEDY,., I " ~ '.' Defendant .:i " e i! ... DECREE IN .t : o I V 0 R C17 J: (I;' ~ I'~ j AND NOW, . ..~.. ... .7... . . . .. . . .. .. 19..7.., it is ordered and ~ h R L d I' 'ff ~ decreed that ......... .. : .. !'!'. Y.. .. .. .. .. .. . .. . .. .. .. .. .. .., p amtl , " 8 and, ... . .. . , .. . . " . . ^n,n,e. .'l:,. .I,e.e.d.y. . . . . . . .. . . .. , . . . , , . . . . . , . ., defendant, 'i ~ ~ ~.~ ~~ ~ ~ ~ ~ ~ ? ~ i! ,,~ " i!i are divorced from the bonds of matrimony, ~ w ~.' 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; ~ ... ~ '.' The terms of the Separation and Property Settlement Agreement between the ,. ...... ,. ,. ,. ,. ....... .... ..... .... ...... .... .............. .......... ...., parties dated May 12, 1997 is hereby incorporated as if set forth at length but .. .......... ...... ... ...... .... .... .... .... ...... ..... ......... ...... ..... shall not me in the final Divorce Decree between the parties, " " " ~ " .J' ' I ,1/ '/:) ~p -..-: j' r~''t.'"C(~. t.U~'r. /,~,,~~' O. K' '/ ~,--/ C7 '^,;-d1-tJJ,<~ ,jet:, ~"" 'p ,,"'. LI' ' Prothonotary ~ " " ~' ~ ~ 8 ~ ~ ----- .>..:- <<- -:c- 0:.:. ,," - ~,~-- -,-- ---~--"'------- ;it .~*~ro*~*********~***_~* ~ " ~ g ~ s $ 8 , ~ ,,~ ~ i! / ,;; ~ " " !I. ~ ':> ~ , ~ ':> ,~ ~ ,~ ~ ~ w ',' ~ " ;:I ,~ ~ $ ~ ~ ., 7/t'f; dJ '!yj ~;;b it '~ 4,--",,1/ ? I{J 9) 7:~i' /.'a..ti/ ~ d ~J . . , . SEPARATION AND PROPERTY SETI'LEMENT AGREEMENT ~h ~ THIS AGREEMENT, made this 1L day of L \. ,1997, by WId between John R. Leedy, hereinafter referred to as "Husband", and Anne . Leedy, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 28, 1900; and WHEREAS, two children were born of this marriage, to wit, Amanda R. Leedy, born 8114/83 and Jacob S. Leedy, born 12129/89; and WHEREAS, certain differences have arisen between the parties as a result of which they separated in November of 1996 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which Is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands hislher rights under the Divorce Code of the Commonwealth of Permsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective cOWlSel, Husband by his attorney, Jolm W, Purcell, Jr, and Wife by her attorney, David R. Getz have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: . , Separation and PlOperty Settlement Agrooment Page 2 1. Separation, It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit, The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement, Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor In any way harass or malign the other, nor in any way interfere with the peaceful existence. separate and apart from the other, 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and In the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall inderrmify and save Husband harmless from any and all claims or denlands made against him by reason of debts or obligations incurred by her, 4, Husband's Debts, Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or Incur any debt or liability for which Wife or her estate might be responsible and shall Indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 5, Outstanding Joint Debts, The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: None In the event that either party contracted 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, and such party shall indemnify, defend and hold the other party hannless from any claim or demand made against that party by reason of such debt, poge 3 Separotlon and Property Sett\emont Agroemont 6, Equitable Distribution of Marital Property, The parties have attempted to distribute their marital property In a manner which confonns to the criteria set forth In !i3501 et, seq. of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that It Is the first marriage for Husband and Wife; the age, health, station, amount and sources of Income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, Insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, The division of existing marital property is not Intended by the parties to constitute in any way a sale or exchange of assets, and the division of 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 marital rights of the parties, A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently In his or her possession, except as set forth in EKhibit A attached hereto, which Items shall be distributed in accordance with EKhibit A, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be In the Individual possession of each of the parties hereto and as set forth In EKhiblt A, The parties hereto have divided between themselves, to their mutual satisfaction, all Items of tangible and intangible marital property, Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which Separetion and Property Settlement Agreoment Page 4 are now in the possession and/or under the control of the other, or which proporty will be distributed in accordance with Exhibit A attached hereto. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of Intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein, From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B, Distribution of Real Estate. Wife shall transfer to Husband concurrent with the execution of this Agreement, all of her interest in and title to their jointly owned real estate at 1312 Asper Drive, Boiling Springs, Cumberland County, Pennsylvania in exchange for which Husband agrees to be solely responsible for the mortgage obligation as well as for the payment of all current and future taxes, insurance and utility bills relative to said real estate, Husband covenants and agrees to pay and discharge said obligatiOns on said premises, and agrees to indemnify Wife from any loss by reason of his default in the payment thereof, and agrees to save Wife harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against her by virtue of his default. , So aration and Pro O[t Sottlomont A lOomont Po 05 Husband intends to obtain a refinancing of the current mortgage which shall satisfy and release wife from her obligation on the same, Husband shall trW1sfer to Wife concurrent with the execution of this Agreement, all of his interest in and title to their jOintly owned time share interest in week 41, Atlantic Resorts, Ocean City, MarylW1d, as well as for the payment of all current and future taxes, insurance and utility bills relative to said real estate, Wife covenW1ts W1d agrees to pay and discharge said obligations on said premises, W1d agrees to indemnify HusbW1d from any loss by reason of her default in the payment thereof, and agrees to save Husband harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against him by virtue of her default, Wife shall obtain the necessary documents to transfer Husband's interest in the property to her, at her cost, Husband hereby relinquishes any interest he may have in any real estate that Wife is presently in the process of purchasing, or may purchase in the future, C, Cash Distribution. In consideration for the mutual agreements contained herein, Husband shall pay to Wife the sum of $85,000,00. 7, Vehicles. Notwithstanding Paragraph 6 of this Agreement, Husband shall retaln possession and ownership of the 1989 Dodge Colt Stationwagon presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband, In consideration thereof, Husband shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for the same. Wife hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demW1d, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision, Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and ownership of the 1991 Dodge Caravan and 1986 Nissan 300Z presently in her posseRsion, Husband hereby transfers all of his right, title and interest in said vehicle to Wife, In consideration thereof, Wife shall assume full responsibility for payment and eventual Separation and Property Settlement Agroomont Page 6 satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same, Husband hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indenmify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 8, Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony, Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or allmony, Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behaU of the other, such indenmity to include the actual counsel fees of the defendant in any such future action, 9, Custody, Custody of the parties minor children shall be in accordance with the agreement set forth in Exhibit B, attached hereto.. 10. Other Assets, The parties have divided equally between them to their satisfaction the following liquid assets: (A) Savings bonds (B) Harris Savings Association Stock (C) Harris Savings Association Certificate of Deposit (D) Harris Savings Association Pass Book Savings Account Wife shall retain ownership of the Massachusetts Mutual Life Insurance Policy No, 6 362 624, 11. Business. Wife presently is the sole owner of Leedy Counseling Services, which includes office equipment and related accessories for the conduct of the business, Wife shall keep the business as her own property exclusively, Husband hereby relinquishes all claim and right he may have to the business under and pursuant to the Pennsylvania Divorce Code, and shall indemnify, defend and hold Wife for any future claims he may assert to said business ~~ Separation and Property Settlemont Agroomont Page 7 ! I and property therein and incidental thereto, such indemnification to include actual counsel tees incurred by Wite in detense of said claim. 12, Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 13. Divorce, A Complaint in Divorce has been filed to ~o, 1997 - 1260 in the Court of Common Pleas of Cwnberland County, Pennsylvania, and Husband shall proceed without further delay to secure the divorce, Both parties shall sign an Affidavit evidencing their consent to the divorce, pursuant to !l3301(c) of the Divorce Code, In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent, Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a Consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted, 14, Time of Distribution, The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement, All spousal support and other such obligations, including alimony, shall immediately tenninate, The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under !l3301(c) or !l3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be I i I I I 1 .-'-. ! Separation and Property Settloment Agroement Page B enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final Decree, 15, Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or conunon law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement, Each party also waives his or her right to request marital counseling, pursuant to !l3302 of the Divorce Code. 16. Waivers of Claims Against Estates, Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 17, Rights on Execution. lnunedlately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. Separation and Property Settlement Agreement Page 9 18. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, Including actual counsel fees paid to his or her attorney, 19, Incorporation in Final Divorce, The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party, This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It Is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation Is made for the specific purpose of inducing the parties to execute the Agreement. 20. Additional Instruments, Each of the ,parties shall from time to time, at the request of the other, execute, aclmowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid nnder, the law of any conntry, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 22. Entire Agreement. This Agreement contains the entire nnderstanding of the parties and there are no representations, warranties, covenants and nndertakings other than those expressly set forth herein. Husband and Wife aclmowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage.and other relevant factors which have been taken into consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to the division of .' Seplllotion and Property Settlement Alllooment I PallO 10 property in lieu of and in full and Cinal settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and wife each voluntarily and Intelligently waive and relinquish any right to seek a Court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 23, Modification and Waiver, A modiClcation or waiver of any of the provisions 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. I I i I ~ 24, Intent, It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the Courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees, Other than as provided by the terms of this instrument, it is intended that the Court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 25. Voluntary Execution, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge that they have been furnished with all information relating to the financiai affairs of the other which has been requested by each of them or by their respective counsel. 6 I i i ~. r' , I , , BXHIBIT "A" TO BBPARATION AND PROPERTY BBTTLBMBNT AGRBBMENT The following items of furnIture are currently in the posaession of Husband. The parties agree that the property on this Exhibit shall be the sole and separate property of Wife and may be removed from the marital residence by Wife at Wife's sole expense on or before Hay 20, 1997. 1. Dining Room furniture (from Wife's family) 2. Piano 3. 2 Marble tables (from Wife's family) 4. Chair in hall (painted back) 5. Chair in living room (blue seat) 6. Tea cart (from Wife's family) 7. Brass bed and all furniture and lamps in spare bedroom 8. Lamps on piano and oriental lamp 9. Large mirror 10. Daffodil print 11. violin painting 12. Cape Hay print 13. 1 Gerald Putt print (not Christmas one) 14. Beach paintings (2) . 15. Wildflower print in bathroom 16. Farm sketch in kitchen 17. Candy jar print 18. Auction print 19. stained glass (if Husband sells marital residence after the date of execution of this Agreement) 20. Drop leaf table in family room (from Wife's family) 21. Dry sink (upstairs hall) 22. Camping gear 23. Wardrobe in basement 24. Dresser in basement 25. Infant crib and highchair 26. Round oak table in basement 27. Plants 28. 2 reupholstered chairs (beige) (1 rocking chair and 1 regular chair) 29. Dressing table, mirror, bench 30. "Turtle" for top of van 31. Wife's bike 32. Wife's golf clubs 33. All plant supplies (pots, etc.) 34. Limb cutter 35. All "beach" items (chairs, toys, etc.) 36. Croquet set 37. If Husband digs up garden, Husband to allow wife reasonable notice and time to remove any plantings desired by Wife) 38. Photographs, porch furniture, garden tools will be divided by the parties after the execution of the Agreement. Husband to retain the wheelbarrow and all power tools. 39. Any and all such other property as the parties may agree from time to time. 40. Parties to execute a separate recordable agreement granting Wife a right of first refusal to purchase the marital residence from Husband should Husband choose to sell it. lEEDY,EXH DRG22 April 28, 1997 CUSTODY AGREEMENT Custody of the parties minor children, Amanda R. Leedy, and Jacob S, Leedy shall be as follows: 1. The parties will share legal custody of the children. 2, The Husband shall have primary physical custody of both children during the school year, which shall be defined as the day prior to the first scheduled day of class through the last day of class of any given school year, 3, Should Husband move out of the Cumberland Valley School District, primary custody of the children during the school year shall be with the parent who resides within the school district, and if neither parent resides there, the primary physical custody of the children will be renegotiated. 4. During summer vacation or semester break, the children shall live with the other parent. 5. Wife shall have partial physical custody for the purposes of visitation as follows: Exhihlt "n" (A) Alternating weekends from Friday evening through Sunday evening. (B) Every Monday and Wednesday night during the school year, provided Wife lives within the school district. (C) During summer or semester breaks, weekend and week day visits shall reverse with Husband having alternating weekends and every Tuesday and Thursday night. 6. Each parent will be responsible for child care when the child is In their custody. Each parent will aide the other concerning child care in the event of out-of-town business trips, special meetings or personal events. Each parent will give as much notice as possible for any scheduled deviations, and religious and special family functions will take priority over scheduled visits, 7. As long as the children remain active and, or are In regular attendance (which Is defined as 30 or more weeks per year) at the Camp Hill Presbyterian Church, Wife may havu the children Sunday mornings to attend services. Wife shall be responsible for transportation to and from service, Husband will provide transportation for church activities as required by schedules. 8. Holidays and Vacations shall be as follows: (A) Christmas Eve - The children shall be with Mother and transported to Father by 11 :00 p,m. Christmas Day - The children shall be with Father, and then transported to Mother by 6:30 p,m. (B) Memorial Day - with Mother, returned to Father by 7:30 PM. (C) Fourth of July - with Father. (D) Labor Day. with Mother, returned to Father by 7:30 PM, unless school is not in session the next day. (E) Thanksgiving - with Mother. Father shall have the children the following Friday through Sunday, irrespective of normal weekend visitation, (F) New Year's Eve and New Year's Day, shall be alternated between the parties with Father transporting the children to or from Mother's residence at Noon, New Year's Day. (G) Mother shall have the children the week between Christmas and New Year's. If the Christmas holidays fall on a weekend, Husband shall have visitation Wednesday night. (H) Each parent shall be entitled to take both children on vacation for a minimum of two weeks per year. Each will provide 30 days notice of the weeks each intends to take. An emergency telephone number shall be provided to the non-custodial parent during such vacation trips. 9. Each parent will inform the other of any area overnight trips. If the trip will last for more than one night, information consisting of location and emergency telephone numbers will be provided. 10. Health insurance will be paid for by Husband through his health Insurance provided by his employer, All catastrophic medical bills (as defined by Husband's insurance carrier) in excess of that paid for by health insurance will be shared In proportion to the parties income and individual assets. Husband shall otherwise be responsible for all . .. , . . , I at any time as circumstances dictate, provided both parties are In mutual agreement. t Lf ,-/"~< r1 4-- . ,- J~ R. Leedy ill'cr <--(.k<-ccl L( Anne T. Leedy I '. 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" '.'. ,"....;11, :.""'-',..,;,-':':..:'IIII:'.'I!I....'''-'I..,.;.....'lIIh:: " __" ..'11..,"'..'.11.,:.,.,...1....,.'."'; .::.'II:IlIl.,..,:--,':..'_:'i..:.ja.'...',..:.."III'.'_';~',III,~11I.:.".11:;;.:',... ~_:._.'.:',',_....,~': :' .,'_'.':",.,..'11:.:.', ,._'-;-'....."'::...,.:....:-'..'.:.:,...'..11I...::'..........:.,..1I1....'IIII..1f8...,...='.'IIII'. _'-' '. 1lII:_ '_". '~I.'. -- ""-" _,.' ''', 11III"'-"'11I.,_,. ";, _, I '-,-' , 'I ;11,1' ,'; II" ,I~'", ;:, : ';' ,..'.' .'.. ..' '11II,_" .:11I'.., _",', ...' __ , '--11'11I"_'_.',.;.,11;,,11.'.' 11I,...:,_': .' =,',.11I'_, _,."lIIIIIIIIIIIIII, . , .. -, .'-,.. u -.... ":, '.. JOHN R. LEEDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 17, ) J ~D ~'-f-~~L vs, ANNE T. LEEDY, Defendant : CIVIL ACTION-LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, Court Administrator Cumberland County Courthouse, Fourth Floor 1 Courthouse Square Carlisle, PA 170133387 (717) 240-6200 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, i i I I. I. , , r .-_._._..~-- JOHN R. LEEDY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. r, 7- I,)" lJ CuJ. r;....... VS, ANNE T, LEEDY, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT 1. The Plaintiff is John R. Leedy who resides at 1312 Asper Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Anne T. Leedy who resides at 4015 Cheryl Drive, Harrisburg, Dauphin County, Pennsylvania 17019. 3. The Plaintiff and Defendant have been bonafide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and Defendant were married on September 28, 1980, in Camp Hill, Pennsylvania. 5, There have been no prior actions of divorce or annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces, , VERIFICATION I verify that the statements made in the foregoing COMPLAINT IN DIVORCE are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, !3 4904, relating to unsworn falsification to authorities, c?L' IL -/ /. Jo~ R, Leedy '/ Date: 3 j~ )" 7 I I i J JOHN R. LEEDY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, 1997 -1260 CIVIL ACTION-LAW IN DIVORCE vs, ANNE T, LEEDY, Defendant AFFmA vrr OF SERvrc~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ) ss: I, JOHN W, PURCELL, JR., Allorney for the Plaintiff in the above action, hereby Swear and affirm that on the 13th day of March, 1997, I sent, by certified mail, return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights, Notice of Availability of Counseling to the Defendant Anne T, Leedy in the above action. The receipt is allached hereto and made a part hereof as Exhibit "A", Sworn and subscrjbj:d to before m~~day ~~",v Notary Public NOTARIAL SfAL BONITA E. LOMBARDI, Notary Public f!anl8bJJru. DauPhIn CounlY.r. PA My IiOII1IlI8lIlOn ExilInls Sept. a.lll97 L^W OFFICES !Ji'~ ~ &: ~ JOHN W. PURCELL HOWARD B KRUG LEON P. HALLER JOHN 'II. PURCELL. JR VALERIE A. CUtiN Jill Mo. WINEKA BRIAN J. TYLER. 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102.2392 TELEPHONE (717) 234,4178 FAX (717) 233,1149 HEAIHI:T 17171IU.J..J8.Je .JOSEPH HISSLI:T lIgI0.lg821 March 19, 1997 Prothonotary Cumbcrland County Courthousc Onc Courthousc Squarc Carli sic, P A 17013 Re: John R. Leedy v. Annc T, Lecdy No, 1997 1260 Dear Sir: Enclosed pleasc find Affidavit of Service in the above rcferenced matter, JWP,JR:cm Enclosure --- C' ,'.' :> _I " ~. I . . -., r , , , , 1 ;-.'1 :J L" c: l(J') , , ~.:; , , i , 1 " " '. I .- 1 ()t --. JOHN R. LEEDY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA , Plaintiff vs, I I : NO, 1997 - 1260 : CIVIL ACTION-LAW ANNE T. LEEDY. Defendant AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (cl of the divorce Code was filed on March 11, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 WAIVER OF NOTICE OF INTENTION TO REQUEST 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 end correct. understand that false statements herein ere made subject to the penalties of 1 B Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 4,.-()-3. 17 ~~~4 J N R. LEEDY