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TUCKER ARENS BERG & SWARTZ
III NORTII FllONT STREET
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1I,\RIUSIIlIlt(;, PENNSYLVANIA IJllIH.lIHH<J
01711."1..021
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
:S".. vc:. ':I 1'1 77
THIS AGREEMENT, Made this I g day of NG\leffiber, 1-9987 by and between
MARC A. LEESE hereinafter referred to as "Husband", and KAREN M, LEESE,
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 23, 1983; and
WHEREAS, no children were born of the marriage and
WHEREAS, certain differences have arisen between the parties as a result
of which they have separated and now live separate and apart from one another, and are
desirous of settling fully and finally their respective financial and property rights and
obligations as between each other, including, without limitation by specification: the
settling of all matters between them relating to the past, present and future support and/or
maintenance of Wife by Husband or of Husband by Wife; and in general the settling of
any and all claims and possible claims by one against the other or against their respective
estates for equitable distribution of all marital property; and a resolution of all mutual
responsibilities and rights growing out of the marriage relationship; and
WHEREAS, the parties hereto, after being properly advised by Husband's
counsel, Susan M, Seighman, fully understand and agree that Karen M, Leese has the
right to have the advice of independent counsel prior to the signing of this Agreement,
and that by signing this Agreement, she recognizes that she fully understands the legal
impact of this Agreement and waives her right to have the Agreement reviewed by an
independent attorney of her choosing and further intends to be legally bound by the terms
of this Agreement.
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 and to legally bind their heirs, successors and assigns
thereby, covenant, promise and agree as follows:
1, SEPARATION:
It shall be lawful for each party at all times hereafter to live separate and
apart from the other at such place or places as he or she may from time to time choose or
deem fit.
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$826.13, Monthly payments of $47,81 are not due until
January, 1999.
D. Furniture Loan - NOlWest - Amount owed at date of
separation $898,00 - Amount owed at current date $728,00.
Husband agrees to pay the outstanding loans at PNC Bank, American
General and NOlWest. In the event that Husband defaults on said loan payments, he
agrees to indemnify and save Wife harmless from any and all claims or demands made
against either of them by reason of this obligation,
Wife agrees to pay the outstanding loan at Dauphin Deposit Bank. In the
event that Wife defaults on said loan payment, she agrees to indemnify and save
Husband harmless from any and all claims and demands made against either of them by
reason of this obligation,
In the event that either party contracted or incurred any debts since the date
of separation on April 10, 1998 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,
6, MUTUAL 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 and discharge the other
of and from all causes of action, claims, rights or demands arising from the marriage
whatsoever in law or equity, which either of the parties ever had or now has against the
other, except any or all cause or causes of action for divorce and except in any or all
causes of action for breach of any provisions of this Agreement. Subject to the provisions
of this Agreement each party waives his or her right to alimony and equitable distribution
of property notwithstanding the Pennsylvania Divorce Code, Each party also waives
his/her right to request marital counseling pursuant to Section 3302 of the Divorce Code,
7, DIVISION 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, 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,
3
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 are now in the possession and/or under the control of the other.
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.
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 his/her 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,
8, MOTOR VEHICLES:
With respect to the motor vehicles owned by one or both of the parties, they
agree as follows:
Husband,
(a) the 1996 Ford Mustang shall become the sole and exclusive property of
(b) the 1991 Dodge Shadow shall become the sole and exclusive property
of Wife.
(c) the titles to the said motor vehicles shall be executed by the parties, if
appropriate for effecting transfer as herein provided, on the date of execution of this
Agreement and the said executed title shall be delivered to the proper parties on the
distribution date,
(d) the party having possession of each of the vehicles has the
responsibility of maintaining insurance thereon.
4
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.
14, INCOME TAX PRIOR RETURNS:
The parties have heretofore filed jOint federal and state tax returns, 80th
parties agree that in the event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such tax is made against either of them, each wiff
indemnify and hold harmless the other from and against any loss or liability for any such
tax deficiency or assessment and any interest, penalty and expense incurred in
connection therewith. Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns,
15, 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, 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.
16. MUTUAL CONSENT DIVORCE:
The parties agree and acknowledge that their marriage is irretrievably ,
broken, that they do not desire marital counseling, and that they both consentto the entry
of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code..<.>
Accordingly, both parties agree to forthwith execute such consents, affidavits, or other ',..'.
documents and to direct the filing of such consents, affidavits, or other documents as may
be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301 (c) of
The Code, Upon request, to the extent permitted by law and the applicable Rules ofCiVH ..,....
Procedure, the named defendant in such divorce action shall execute any waiversbf '
notice or other waivers necessary to expedite such divorce,
It is the intention of the parties that the Agreement shall survive any action for
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divorce which may be instituted or prosecuted by either party and no order, judgment or
decree of divorce, temporary, final or permanent, shall affect or modify the financial terms
of this Agreement. This Agreement shall be incorporated in but shall not merge into any
such judgment or decree of final divorce, but shall be incorporated for the purposes of
enforcement only,
17, ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the request of the other,
execute, acknowledge 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.
18, TAX ADVICE
Both parties hereto hereby acknowledge and agree that they have had the
opportunity to retain their own accountants, certified public accountants, tax advisors or
tax attorneys with reference to the tax implications of this Agreement. Further, Husband
has has not been given any tax advice whatsoever by his attorney, Further Husband
hereby acknowledges that he has been advised by his counsel and Wife has been
advised, by copy of this agreement, to seek their own independent tax advice by retaining
an accountant, certified public accountant, tax attorney or tax advisor with reference to
the tax implications involved in this Agreement. Further, the parties acknowledge and
agree that their signatures to this Agreement serve as their acknowledgment that they
have read this particular paragraph and have had the opportunity to seek independent tax
advice,
19, VOLUNTARY EXECUTION:
The Wife acknowledges that Susan M, Seighman, attorney, has acted as
legal counsel to Husband in connection with the negotiation and preparation of this
Separation and Property Settlement Agreement. The Wife acknowledges that, by copy of
this Agreement, she has been advised of her right to seek the advice of counsel of her
own choice in connection with any matter pertaining to this Agreement or the
contemplated divorce action to be filed by Husband, Upon that provision, Husband and
Wife acknowledge and represent that the provisions of this are fully understood by both
parties and each party acknowledges that the Agreement is in all respects fair and
equitable, that it is being entered into voluntarily and knowingly and that it is not the result
of any duress or undue influence. Wife further acknowledges that she had the
opportunity to seek the advice of legal counsel for the purpose of having the legal effect
of the provisions herein fully explained to her, and that if she chose not to seek such legal
counsel, such action was taken by her voluntarily of her own free will.
7
20. ENTIRE AGREEMENT:
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, Husband and Wife acknowledge 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
property in lieu of and in full and final 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.
21, DISCLOSURE:
Husband and Wife each represent and warrant to the other that he or she
has made a full and complete disclosure to the other of all assets of any nature
whatsoever in which such party has an interest, the sources and amount of the income of
such party or every type whatsoever and of all other facts relating to the subject matter of
this Agreement.
22. MODIFICATION AND WAIVER:
A modification 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 any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature,
23, 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.
8
24, DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only. They shall
have no effect whatsoever in determining the rights or obligations of the parties.
25. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a separate and independent covenant
and agreement.
26, APPLICABLE LAW:
This Agreement shall be construed under the laws of the Commonwealth
of Pennsylvania.
27, VOID CLAUSES:
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.
28, AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the
day and year first above written, '
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Marc Leese
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MARC A. LEESE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. q %v "-/210 9 ~~--
KAREN M. LEESE, CIVIL ACTION _ LAI'J
Defendant 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 prothonotary at the cumberland County court House,
Carlisle, PA 17013.
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.
yOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
SET FORTH BELOW TO FIND OUT WHERE YOu CAN GET LEGAL HELP.
DO NOT
OFFICE
cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone No. (717) 249-3166
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Attorney for plai 'tt '
MARC A. LEESE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9',p. '13(,. () Q.:.J -c""
v.
KAREN M. LEESE,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. Plaintiff is Marc A. Leese, an adult individual who
is sui juris and resides at 11 Richland Lane, Apartment T-7, Camp
Hill, Cumberland County, Pennsylvania.
2. Defendant is Karen M. Leese, an adult individual who
is sui juris and resides at 333 Third Street, New Cumberland,
Cumberland County, Pennsylvania. The present whereabouts of the
Defendant, Karen M. Leese, to the knowledge of the Plaintiff, is
the same.
3. Both Plaintiff and Defendant have been bona fide
residents in the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 23,
1983, in New Cumberland, Pennsylvania.
6. There have been no prior actions of divorce or for
annulment between the parties.
7. P'laintiff has been advised of the availability of
counseling and the right to request that the Court require the
parties to participate in counseling.
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