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HomeMy WebLinkAbout00-08010 . . . . . . ~~~ ~~mmm mmmm Of. ;Ii"':Ii Of. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . . . J(RUTN n TRll.nRR NO. ?nOO-R010 CTVTT. TRRM PT.Il.TN'T'TFF . VERSUS . PAIIT.A P CAMPT.R!';R . . nRFRNnAN'T' . DECREE IN DIVORCE at" 3. 'Sf" ,.A · l ~ ,IT IS ORDERED AND . . . AND NOW, ~'1 DECREED THAT , PLAINTIFF, KEUIN D IEJ\DFR . . . AND , DEFENDANT, PAIH Il. P CAMPI R!,;R . . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . 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; . MIl.RT'I'Il.T l'lR'I''I'T RMRN'I' Il.r-RRRMRN'I' Il.Nn CHTT n CHl'l'l'nnV Ar-RRRMRN'T' . . . . By . . . . . ATTEST: ROTHONOTARY . . .. . . . iF. "'''':f. . . . Of. ""'" '" Of. . '''''r-'_"',l'''''~''' ~ . .,." ,-'N, , c",.," _,0. ',. 'c_ J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,"L~:""'~- ~1~~~~i>!lo1M~~~ ~. l1l!it"J ill, ,,~ ___ ~~~~,",l'i<~'~~.IIIli~~-~--'~~~" ~<".""""",",,.~. '-i......,~~~ilill ~J JeJ - /1i' . cJJ /;;2 .;~ " a3 ,~,~'^, - ,"""'\'" "~.",.,-,~,,". ,,~ &d /~M~~~:f1i ~/7 '7?~~:J4~ ~." . ",1. '" ... .,. ."',;;n MAJUTALSETTLEMENTAGREEMENT BY AND BETWEEN KEVIN D. LEADER AND PAULA P. CAMPLESE-LEADER LEE E. OESTERLING, ESQUIRE LEE E. OESTERLING & ASSOCIATES 42 EAST MAIN STREET MECHANICSBURG, PA 17055 717.790.5400 , ~-"~- "" " , MUUUTALSETTLEMENTAGREEMENT THIS AGREEMENT, Made this day of 2003, by and between Kevin D. Leader, hereinafter referred to as "Husband", and Paula P. Camplese, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties are Husband and Wife who married on July 22, 1989 and have been separated since January 15, 2000 and WHEREAS, Husband has instituted divorce proceeding in the Court of Common Pleas of Cumberland County to No. 2000-8010 Civil Term by complaint filed on November 13, 2000 and WHEREAS, the parties are the parents of Teegan A. Leader, born April 17, 1993 and Shaden A. Leader, born April 22, 1995, and a custody Order to be entered contemporaneously with this agreement defines the custody rights of the parties; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without specification: settling of all matters between them relating to the ownership of real and personal property, and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto being legally bound hereby, do convenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 @ of the Divorce code. Both parties shall execute and file the requisite Consents and Waivers with the Court Contemporaneously with the execution of this Agreement. Attorney Lee Oesterling, shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach ofthe Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to "f1'l-, ]~ ... ,( enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. The parties have divided between them to their mutual satisfaction all items of tangible personal property that had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. In all years, beginning in 2002 and for each year thereafter, Wife shall have the right to claim Teegan as a deduction on her tax returns. In all years, beginning in 2002 and for each year thereafter, Husband shall have the right to claim Shaden as a deduction on his tax returns. 4. Wife shall receive fifty percent (50%) of the vested retirement and 401K accounts as of January 1, 2000. Wife also shall receive one hundred fifty (150) shares of Merck stock options, said options will expire on April 11 , 2004 and have an option price of fifty-seven ($57.00) dollars per share. As of the date of this agreement, Wife has not received her interest in the 150 shares of Merck Stock options. Wife has received her interest in the vested retirement and 401K account. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties herby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titl<;Jd in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property. 5. Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each part agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind that may have heretofore been incurred between them, except the obligation arising out of this Agreement. 6. Both parties convenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges or liabilities incurred by the other execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall '<~I!&'~M - ~" " '# , #':., hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions ofthis Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 7. Husband shall pay child support to Wife in an amount that is based upon the Pennsylvania Support Guideline Formula, with Wife's income to be based upon federal or state minimum wage unless she is being paid at a higher rate, and once established, shall be reviewed every calendar year on April 1 or upon change in employment situation of either party. However, child support may continue beyond the eighteenth birthday of the parties' youngest child, Shaden Leader, depending on Shaden's needs at that time. To be reviewed between both parties at that time. 8. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. Husband and Wife do hereby mutually release, remise quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law arising by a right to take against the will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. Each party hereby expressly waives his or her right to make a claim against the other for alimony, alimony pendente lite or spousal support. 10. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce code or otherwise as the same shall be determined by the Court. 11. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar --1 _t _" . ,II!.., ~ ..~ . with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specially waived. 12. This Agreement constitutes the entire understanding of the parties. There are no convenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 14. Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 15. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ~~~t ~(~ WITNESS: r;2.Leader ~ ~ Paula P. Camplese . . KEVIN D. LEADER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PAULA P. CAMPLESE Defendant NO. 2000-8010 CIVIL TERM IN DIVORCE STIPULATED CUSTODY AGREEMENT TIDS AGREEMENT, Made this.3 0 J;6 day of ~IJI/U"rIhu; 2tl'J~ by and between Kevin D. Leader, hereinafterreferred to as "Father," and Paula P. Camplese, hereinafter referred to as "Mother." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on July 22, 1989 and have been separated since January 15,2000 WHEREAS, the parties are the parents ofTeegan Leader, born April 17, 1993 and Shaden Leader, born April 22, 1995; and WHEREAS, the parties desire to settle fully their respective custody rights and obligations as between each other, do covenant and agree as follows: 1. The parties shall share legal custody of the parties' minor children, Teegan Leader born April I?, 1993 and Shaden Leader born April 22, 1995. 2. The Mother shall have primary physical custody of the parties' minor children. 3. Father shall be entitled to liberal periods of visitation, as the parties mutually agree, which, at a minimum shall include: a) Alternate weekends commencing on Saturday morning until Monday with every Sunday being also an overnight for during the week. b) Father shall have the children every Sunday and Thursday from the morning and including overnight. c) Mother shall have the children every Monday, Tuesday, Wednesday and Friday as well as alternating weekends with Sunday's still being Father's visitation day as stated above. d) Changes or modification of the above schedule shall be as agreed by the parties in order to accommodate special events that may include, but shall not be limited to, vacations, day trips, and work schedules. - " .' e) Aoy changes or requests are to be in writing and sigoed by each of the parties. A copy of the request after sigoed and agreed upon by the parties is to be supplied to each. t) Custody during the holidays shall be as agreed by the parties and no specific schedule is intended to be included in this Agreement. 5. Both parents shall take all reasonable measures to ensure the children are able to participate in any extracurricular activities for which they have enrolled. 6. Father shall allow children to have a healthy, loving relationship with their sister, Kelcey Oesterling. Father shall not do anything which may estrange the Children from their sister or injure the opinion of the Children as to her or which may hamper the free and natural development of the Children's love or affection for their sister Kelcey. 7. Both parties agree to maintain the Children's relationship with their siblings. 8. Both parents shall permit reasonable telephone access to the children while the children are in his or her custody. 9. The parents are encouraged to accommodate the reasonable requests of the other parent should there be any altering of any agreed upon schedule, as the circumstances and best interests of the child require. 10. .If either party hereto breaches any of the provisions ofthis Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breachiog party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his/her rights under this Agreement. II. Neither party shall do anything which may estrange the Child from the other, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 12. The forgoing agreement and stipulation shall be effective immediately. 13. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 14. The parties ackoowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. '1'w.';~I\ . . . " ' NOW, THEREFORE, the parties hereto, each iotending to be legally bound hereby, place their seal: ~vmD1f- II'Jd-o?.. ~~o PAULAP. CAMPLESE DATE: 11- 30 ~ 03 DATE: W",~r"....,"~ ,,~ _ -': Ii II f~~........ TO ~~ , ~ () ....., = 0 ~ = '~,. -" ~ <.~ en a ::;:! " .......... r.~::D n , -om -4 :00 0' -10 0 X"'jj ~ 0:::'0 ;?:Q Z [',) C)' \, ~,;;! ::(i 1',) .:.:.0 Vt -< . ~ ."~~~~~~~~,.,/:\l!."",,,,""'!<"",~~IJiJ)l,~im!~!I1!jf""ff'''-f~':J~H'0'\l:ltf$-;"'1Sf,'Wf'ilil,"~-jc..'Rj"l'1i'J'n:,I,lfl,,~~~~-~,j~tij'~~~{$'~21'_",;\f[~~~~iP~ Law Offices of Lee E. Oesterliog, LLC 42 East Maio Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYL V ANlA KEVIN D. LEADER Plaintiff, No. 'lOOO-ROt 0 rivil Tmn v. Civil Action - Divorce PAULA P. CAMPLESE Defendant PRARCJPR TO TRANSMIT THF. RRCORn To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d)(1) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: affidavit of service on November 28, 2000. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiffn......mh..r 15, 200J by defendant n......mh..r 15, 200J (b) (1) Date of execution of the plaiotiffs affidavit required by Section 3301 (d) of the Divorce Code: ~; (2) date of service of the Plaiotiffs affidavit upon the Defendant:..NLA... 4. Complete the appropriate paragraph(s). ,. , ~ ~ 'IfI(II,~ ",;c (a) Related claims pendiog: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: There are no outstanding claims, all claims settled by agreement of the parties. (d) State whether any agreement is to be iocorporated ioto the Decree. Marital Settlement Agreement and Custody Stipulation to be incorporated and are attached hereto. If so, attach a true and correct copy of the fully executed agreement (e) Has a request for counseling been made by either party? : No. If so, has the counseliog been completed?: N/A. 5. I certify that the notice required by Rule 1920.42(e) was mailed on: Waived by both parties by Wavier of Notice executed on December 15,2003 and a copy thereof is attached. LEE E. OESTERLING, LLC .- . /'11 ..... ~ .; .. Lee E. Oeste , squire Attorney I.D. #71320 Attorney for Plaiotiff 42 East Maio Street Mechanicsburg, PA 17055 (717) 790-5400 - r_ ".' " . .~ .......~w.- . MARlTALSETTLEMENTAGREEMENT BY AND BETWEEN KEVIN D. LEADER AND PAULA P. CAMPLESE-LEADER LEE E. OESTERLING, ESQUIRE LEE E. OESTERLING & ASSOCIATES 42 EAST MAIN STREET MECHANICSBURG, PA 17055 717.790.5400 >.',0" ~. , C. " , MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, Made this day of 2003, by and between Kevin D. Leader, hereinafter referred to as "Husband", and Paula P. Camplese, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties are Husband and Wife who married on July 22, 1989 and have been separated since January 15, 2000 and . WHEREAS, Husband has instituted divorce proceeding in the Court of Common Pleas of Cumberland County to No. 2000-8010 Civil Term by complaint filed on November 13, 2000 and WHEREAS, the parties are the parents of Teegan A. Leader, born April 17, 1993 and Shaden A. Leader, born April 22, 1995, and a custody Order to be entered contemporaneously with this agreement defines the custody rights of the parties; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without specification: settling of all matters between them relating to the ownership of real and personal property, and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereto being legally bound hereby, do convenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 @ of the Divorce code. Both parties shall execute and file the requisite Consents and Waivers with the Court Contemporaneously with the execution of this Agreement. Attorney Lee Oesterling, shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of the Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No court may change the terms ofthis Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions ofthe Divorce Code to -,. ~ ~ ~" -, " ' enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date ofthis Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. The parties have divided between them to their mutual satisfaction all items of tangible personal property that had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. In all years, beginning in 2002 and for each year thereafter, Wife shall have the right to claim Teegan as a deduction on her tax returns. In all years, beginning in 2002 and for each year thereafter, Husband shall have the right to claim Shaden as a deduction on his tax returns. 4. Wife shall receive fifty percent (50%) of the vested retirement and 401K accounts as ofJanuary 1, 2000. Wife also shall receive one hundred fifty (150) shares of Merck stock options, said options will expire on April 11 , 2004 and have an option price of fifty-seven ($57.00). dollars per share. As of the date of this agreement, Wife has not received her iriterest in the 150 shares of Merck Stock options. Wife has received her intere~t in the vested retirement and 401K account. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, annuities, securities, insurance policies"pension and retirement rights, whether vested or contingent, and all other such types of proPtrrty. The parties herby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate pIop~rty, and that in the possession or titled in the name of the Wife shall be her s<?le and separate property. Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, eacl:t party to retain full ownership of such rights as his or her sole and separate property. 5. Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each part agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind that may have heretofore been incurred between them, except the obligation arising out of this Agreement. 6. Both parties convenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges or liabilities incurred by the other execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall ~ . '<--.,. ,.. .--~, ~^,~ ," hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnifY and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indetllllification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 7. Husband shall pay child support to Wife in an amount that is based upon the Pennsylvania Support Guideline Formula, with Wife's income to be based upon federal or state minimum wage unless she is being paid at a higher rate, and once established, shall be reviewed every calendar year on April 1 or upon change in employment situation of either party. However, child support may continue beyond the eighteenth birthday ofthe parties' youngest child, Shaden Leader, depending on Shaden's needs at that time. To be reviewed between both parties at that time. 8. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. Husband and Wife do hereby mutually release, remise quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law arising by a right to take against the will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. Each party hereby expressly waives his or her right to make a claim against the other for alimony, alimony pendente lite or spousal support. 10. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce code or otherwise as the same shall be determined by the Court. 11. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar ,~ ," - .~ - with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specially waived. 12. This Agreement constitutes the entire understanding of the parties. There are no convenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws ofthe Commonwealth of Pennsylvania. 14. Husband and Wife acknowledge that each ofthem has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 15. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. / , 42 / ./ /;" JA/. Kevin D. Leader ~ ~)d/7. y~ Paula P. Camplese WITNESS: ,/ ,'~~ ~ ,f KEVIN D. LEADER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PAULA P. CAMPLESE Defendant NO. 2000-8010 CIVIL TERM IN DIVORCE STIPULATED CUSTODY AGREEMENT TillS AGREEMENT, Made this3 0 1:6 day of ,.}ovur.htr, 2rJ'J:hy and between Kevin D. Leader, hereinafter referred to as "Father," and Paula P. Camplese, hereinafter referred to as "Mother." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on July 22, 1989 and have been separated since January 15,2000 WHEREAS, the parties are the parents ofTeegan Leader, born April 17, 1993 and Shaden Leader, bom April 22, 1995; and WHEREAS, the parties desire to settle fully their respective custody rights and obligations as between each other, do covenant and agree as follows: I. The parties shall share legal custody of the parties' minor children, Teegan Leader born April 17, 1993 and Shaden Leader born April 22, 1995. 2. The Mother shall have primary physical custody of the parties' minor children. 3. Father shall be entitled to liberal periods of visitation, as the parties mutually agree, which, at a minimum shall include: a) Alternate weekends commencing on Saturday morning until Monday with every Sunday being also an overnight for duriog the week. b) Father shall have the children every Sunday and Thursday from the morning and including overnight. c) Mother shall have the children every Monday, Tuesday, Wednesday and Friday as well as alternating weekends with Sunday's still being Father's visitation day as stated above. d) Changes or modification of the above schedule shall be as agreed by the parties in order to accommodate special events that may include, but shall not be limited to, vacations, day trips, and work schedules. ~~ , " -., , . v;.\w-~'" e) Aoy changes or requests are to be in writing and signed by each of the parties. A copy of the request after signed and agreed upon by the parties is to be supplied to each. f) Custody during the holidays shall be as agreed by the parties and no specific schedule is intended to be included in this Agreement. 5. Both parents shall take all reasonable measures to ensure the children are able to participate in any extracurricular activities for which they have enrolled. 6. Father shall allow children to have a healthy, loving relationship with their sister, Kelcey Oesterling. Father shall not do anything which may estrange the Children from their sister or injure the opinion of the Children as to her or which may hamper the free and natural development of the Childrcn' s love or affection for their sister Kelcey. 7. Both parties agree to maintain the Children's relationship with their siblings. 8. Both parents shall permit reasonable telephone access to the children while the children are in his or her custody. 9. The parents are encouraged to accommodate the reasonable requests of the other parent should there be any altering of any agrecd upon schedule, as the circumstances and best interests of the child require. 10. .If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions io law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforciog his/her rights under this Agreement. 11. Neither party shall do anything which may estrange the Child from the other, or injure the opinion ofthe Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 12. The forgoing agreement and stipulation shall be effective immediately. 13. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealiog on the part of the other. 14. The parties ackoowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue iofluence. " NOW, THEREFORE, the parties hereto, each intending to be legally bound hereby, place their seal: J/f- KEVIN D,/LEADER ~{~ PAULAP, CAMPLESE DATE: 1/- ]J-Ul.. DATE: I/-,Jzj - (\3 r~,ll, ~~ .' ^,'-- ", - ~-- - ~~ . .~ -','," ~, I"""'~^ ;"',' ",-,,^,,-, "''>'' -, .~ ...,_..- ~ >~" ilTI [i' (j ..., = ~ C = ~- '--' C~r' 0 -l rrJ or: fn:JJ ,J r- -orn -.. ::OS? ~O .. ""1:' I'i , C)::!J , -- 70 ("- N (S("n ~::.: --j ~"~i ,....~) >- -( ::"1] <':1 -< i';~~~~~~"".~n;F.~~~~l'l'J'F,lIfWf"l!'<N,'14"""'Fio"~I;j!'~"'.~;~Jmi!'!.'l'il1'J;O:ffi"i'!~Iffl'~~"!'i"!)!'JJf"f.W""w""%,.7~''''i,-,?,,,.,'~o,;-..-,i-;'''Y'''.J~'' "~'''N,~'-'''-;'-'~"<;'''iTti:IF",,,,,,,1''''''''H"'<;J'"'"''',G!;!?;;:,,-'..'-:Y'l'l<~4-F8':'li"'!I"fFe_,~",,~w~;; ~ KEVIN D. LEADER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : CIVIL ACTION - LAW : NO. 2000 - 'iOlo CIVIL TERM PAULA CAMPLESE-LEADER, 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. James J. Kayer, Esquire Attorney for Plaintiff Liberty Loft 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-7922 "~~'lIIl9\iJ~~ ,~ ~. , , KEVIN D. LEADER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 - "y"D 10 CIVIL TERM PAULA CAMPLESE-LEADER, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COMES NOW, Plaintiff KEVIN D. LEADER, through his attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE 1. Plaintiff is KEVIN D. LEADER, an adult individual who resides at 15 Surrey Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is PAULA CAMPLESE-LEADER, an adult individual who resides at 29 Southpoint Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 22, 1989 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce filed in this matter. 6. Plaintiff and Defendant are not members of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. ;!'ioJli!'W,)W , ~, - ~-~ , WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, 'V,!'!l'*W " - - .~. ., " VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the .-~ statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. s 4904, relating to unsworn falsification to authorities. Date: O~ J J~ I O~ I I g-J , - ~- ", . '-"-':_"~'- -1,'-' X;""- ,,~ " '-\>:-1' -- --' ^-- '-,- '-' . . . C<l1Jii>t~ij.m',1, 2; and 3. Also "","plete item 4-if'Restricted Delivery is desired. . Print your name and .address on the reverse sa that we can return the card to you. .' Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: fuulu. (hmp\o~ - kud&-r ~~~~ , 1'16~ ~'" ~ . , ., - ,", _,. ~'- -,- - ',"', :" :'" - :co' . :' " A{'feeelved b~se Pri, 'ht cJeariy) (I{IHf( C-1I'fl1f'-&s, ~ C" Signa re x o Agent o Addressee Dyes DNa D. Is delivery address different-from item 17 If YES, enter delivery address below: I 3. Service Type ~ifjed Mail o Registered o Insured Mail o o Express Mail ~urn Receipt for Merchandise t D C,O.O, 4;. Restricted Delivery? (Extra Fee) ItJ.or!!s ,l,', \'1 ie Return Receipt 01 ~ , ',;.1.', 102595-99-M-1789 . < , KEVIN D. LEADER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 - 8010 CIVIL TERM PAULA CAMPLESE-LEADER, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYL VANIA : SS. COUNTY OF CUMBERLAND I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, PAULA CAMPLESE-LEADER, and that he did serve a true and correct copy of the Notice to Defend and Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, KEVIN LEADER, on November 20, 2000. The return receipt is attached hereto. Sworn to and subscribed before me this 22nd day of November 2000. D\("1~ ~)U~ Notary Public NOTARIAL SEAL Vickie J. Group, Notary Public Borough of Carlisle, County of Cumberland My Commission Expires Aug. 30, 2004 ~" ~"""1 "' '-.~'_1,,_,' '-r._ ""_.~,,,___ _"___.,, ,'. .-, . <,~' '^~" .. _'C__ Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, P A 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEVIN D. LEADER Plaintiff, No. ?OOO-R01 0 rivil T~nn v. Civil Action - Divorce PAULA P. CAMPLESE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was fIled on N()V~m]",T 1 ~, ?OOO 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 1,1 -IS:- 01 ~ KEVIN D. LEADER, Plaintiff i'!.l~~:"",-. '-, - ,~ ,~J . -,,, ,,-..> ,.., < , '~'. "~ ., (') c: ri~:~ ~i;:: )> . t;l~' ~ ~, -..-~, ~,~~=~~~.~ ..- . ..., = = ...., <:::J rq (J ~ :J'! ~~ 00 :J'!-r. o:D ZCi ()m );! ~ -.l =:: ';-? f'0 en Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEVIN D. LEADER Plaintiff, No. ?OOO ROlO rivil T~nn v. Civil Action - Divorce PAULA P. CAMPLESE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) 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 conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. fa. -JD-U J ~.. Date: KEVIN D. LEADER, Plaintiff ,- '. ,,-, - , ~-~~. ~ - -.'~- , "'~ ~,--~ ,,- 0 ..., r- <=> 0 '-- = -n ~ ...., ~.- [~}E~ 0 ~ 1'" (') m:n ~j:.~: -Or,:; r::=e:.; -J Q6 :> ...,. :c-r; -', ,- ,. :-::::.-~-, -i'. 0..... -....C) >t~~: N Gin -7 ---I ':3 )> N :1J ...... (.f1 -< t-'fiiltlJlllllll~~'~~"'~>!r"I3l~W"f.['!i%!:"'~~~:'lWI'Plr-ffl,_t'~;Iif,!l$J!IItm1''''o'llffl*lI$\~j;'%!;>'lH-~'\\'_'~y,'=i"-""'-"""'?(.>'-.""",-C''-''''H,",~~~~:'''?F_J'i1L'~'n'~'I,,*c~'~'!l!'-_\[{-"""-"1""-'W'IC'~!'I'lif"'!IId""',~~>ol*,,'iliR''''' Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEVIN D. LEADER Plaintiff, No. ?Om-ROW rivil T~Tm v. Civil Action - Divorce PAULA P. CAMPLESE Defendant AFFIDAVIT OF CONSENT on 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed Novpmhp.r 1 ~ 1000 . 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) days have elapsed from the date of fIling and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: /2-/5-03 0~/~ jJ~ PAULA P. CAMPLESE, Defendant -''I'~'I:~ ~. , ,~ I' ~ -~, "r C) c::: :?' .1:J;~~~ 92~}: .~::::: r ~- (;') :.:;:.> -< r=c-:: 1>,..-- , , ,- " _J " C: ~ -< ;T / ...., = = ...., C;) !'T1 " ~ :J'! m:D :!I1Ti DO b6 ~-r. O:D -;;>,0 ..<'-'.rn ~ ~ ,0 -< -.J u :x ';-? N c.,,"1 irr!"lIII.ln,~ =,""",~m-"'~'fl ~^_fiill~~i~~fIf,'!!f~~~~"jli'l,~ll"If''''''lt'.$'>'lIi~~!ll~m:iRi'!!f''''!'',w'~'!Je':W_'''p!l',;_:tJ!...,";_,~_j~l""'i_, -,~,_",;;<-J]"",,,,~,, '_'1NR!n'jp~"~rf-'''~'NfN!''''''''-:"'''''FB--'_W'''''''_~H_''''i:''~'iji'l"f'm~~ ! ~T. .__< Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEVIN D. LEADER Plaintiff, No. ?OOO.ROlO rivil T~rm v. Civil Action.. Divorce PAULA P. CAMPLESE Defendant WAIVER OF NOTICE OF JINTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /2 -/5-- (/3 ~.--L Y? fl, q Q_ PAULAP.CAMPLESE,Derendant .. . I I I Ii I 1:)~~~~Hil~!:'ll""1i,\~~';;(,II!'M~"'jlI'.!,"'~~~~ffl!l!l~I~!m~~Ji\?!l!?;'f"l:<W"f" ,;;~",,,,,,,_.,,-,,,,,-,, (') "" C <=> ~ = ~1t~ <..u CI -I m;,,',-; 1"'1 :1:." -,. <'J nl-- :::...;.;,-.:::-- r,:; ~~. l ~;~ :~-:-- -J ~6 ~.,.--- '-- \ " ::f1/f ~~'~~i -0 O:n >,~~,:: ::>; 70 r::~ arn --, -" ~ --j F'>) ::t::>. --< ::n en -< _y,',__!;;- e- - ,- -"'-"_"I"'PW',m~j"F'iB,"")J\i';-H'~C"""" ,. IHY~i"-""'j[" '!f,*ll')"'''",~iJt#fji~--m.''! h I~, "' IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA KEVIN D. LEADER Plaintiff, No. ?OOO-RO 1() v. Civil Action - Divorce PAULA CAMPLESE-LEADER Defendant PRARrTPF, ANn NOTTCE OF ENTRY OF APPF,ARANrE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant in the above-captioned matter. Lee E. Oester mg upreme Court J.D. # 71320 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 -'~ lli/miRr_'_ () c () C ,~,;,) ,') $: ,-, ""t)[D t'J rnrn --I Z'~' , ,'-' i' ~ "\ ZC c' ?~3~:1 ~ ~~~.~. c> r.l-) ."0 ~._- ...l:::'>C'" :x ~;,~C) Z(~ (5rT~ >'.- r:9 c: >~ Z (wi'') ::<i ;r:J 0'\ '-< ~~~n.jIflillii!>~~~lfW~~1t\j\1iiFj\t''>LJliiFf<WlJ>'lj~'-!lfW''jPffJ!i''-'"4W.,j'>'p"C-'k-:;''''',~IF~~;,L-'j'H'f"""-'4;rNi'F~:-tmJ.~~~!i!'lr~-:!i-~~1ll!!!'f'H~,"l;"lYlS"-"-;;;~",,,,,~;;:'m>',*,"''f~ 1,'?lII' . . . . . ;t: :t: "'1liif.:ti '" :Ii . . . :+:;ti:t;if. "':f. ;ti'" Of. . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . STATE OF . . . . . . KEVIN D. LEADER NO. . PLAINTIFF . . VERSUS . . PIIIH II P C'IIMPT.F.~F. DEFENDANT . DECREE IN DIVORCE . . . . . . . . . . AND NOW, DECREED THAT KEVIN D. LEADER . . AND PAULA Po CAMPLESE . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . PENNA. 2000-8010 CIVIL T~RM ~-Jaa- Copt , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; . . . MIIRITAI. ~F.TTT.F.MF.N\I' II('!RF.F.MF.INT liNn C'HIT.n C'''~TODY AGREEMENT . . . INCORPORATED HERETO AS EXHIBITS "A" AND "B" . . . BY THE COURT: . ATTEST: . . . . . . . :f. '" :f. '" . . . .. . '""e,,-""""~'-,-1,_"~;,~'--. _ - o'.t€""h " ."- ..r_~~. " ___ f-'. -"'._'_," '''1,-,- PROTHONOTARY if. :Ii:f. :Ii"'''' "'if.:Ii ... , "., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . .