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HomeMy WebLinkAbout03-3392STACY LYNN LEGGETT, RICHARD LEGGETT, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~Y~- 53~ CIVIL TERM 1N DIVORCE NOTICE 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, High and Hanover Streets, Carlisle. 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, PA 17013 Phone: (717) 249-3166 STACY LYNN LEGGETT RICHARD LEGGETT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : :NO. 03- d3q°L CIVILTERM : : 1N DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Stacy Lynn Leggett, an adult individual, who curremly resides at 74 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. 2. Defendant is Richard Leggett, an adult individual, whose current address is unkown but whose last known address was also 74 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. The Plaintiff and Defendant were married on May 13, 2000 in Deerfield, Massachusetts. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree of Divorce, COUNT II Recluest for Alimony Pendente Lite Under Section 3702 of the Divorce Code 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference. 10. Plaintiff is unable to sustain herself during the course of this litigation. 11. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 12. Plaintiff requests thc Cour~ to enter an Award of Alimony Pcndente Lite until final hearing, pursuant to Section 3702 of thc Divorce Code. [the APL information form is attached hereto as an exhibit] WHEREFORE, Defendant respectfully requests the Court to enter an award of Alimony Pendente Lite until final heating, pursuant to Section 3702 of the Divorce Code. ANDREWS & JOHNSON By: ~ 9rtforney for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ~//~ ~ge~tt, Pf STACY LYNN LEGGETT, Plaintiff RICHARD LEGGETT, Defendant IN 'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: CIVIL ACTION - LAW IN DIVORCE NAME ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER DRS ATTACHMENT FOR APL PROCEEDINGS PEITIONER Stacy Lynn Leggett 74 Big Spring Ave 3/6/74 _ . 717 776-3235 717 701-3683 Ross Front end manager approx $2000 per month not yet determined none Taylor P. Andrews,Esq. 78 W. Pomfret St., Carlisle, PA 17013 717 243-0123 NAME ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER RESPONDENT Richard Leggett Assist. Mgr. $33,888 per year $1,080 per 2 wks unknown Dale F. Shughart, Jr, Esq. 35 E. High St., Carlisle, PA 17013 717 241-4311 MARRIAGE INFORMATION DATE OF MARRIAGE 5/13/01 PLACE OF MARRIAGE Deerfield, MA DATE OF SEPARATION 31-May-03 ADRESS OF LAST MARITAL HOME 74 Big Spring Terrace, Newville, PA 17241 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Divome Complaint DATE APL DOCUMENT FILED STACY LYNN LEGGETT, Plaintiff RICHARD LEGGETT Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ~, : NO. 03-3392 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce. BY: ~Aeh~/~efendant STACY LYNN LEGGETT, RICHARD LEGGETT, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :NO. 03-3392 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under Section 3301 (c) of the Divorce Code was filed on July 16, 2003 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 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:November 12, 2003 ,/~x/~, ~~ ///~acy ~e~gett, P1f/lt~i~f/ STACY LYNN LEGGETT, Plaintiff vs. RICHARD LEGGETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVA/~IA : : CIVIL ACTION - LAW : NO. 03-3392 CIVIL TERM : : IN DIVORCE 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 concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.So § 4904 relating to unsworn falsification to authorities. Date: ~-~ STACY LYNN LEGGETT, Plaintiff vs. RICHARD LEGGETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3392 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the irretrievably of filing and Divorce Code was filed on July 16, 2003. 2. The marriage of plaintiff and defendant is broken and ninety days have elapsed from the date service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. 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. ~j~~~ DATE: November2~, 2003 Sworn to and subscribed before me 2003. BOI~IIE L CO~F., #OTARY PUre-lC BORO OF CARl. ISLE, G~MBERL~ CO. PA I My COI~ EX~ OCI~ 17, ~00~I STACY LYNN LEGGETT, ~CHARDLEGGETT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : :NO. 03-3392 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(e) 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 ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: //~t~ccy Lyn~ggett, Plai~(t~f MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this y of ~0~~'~ 2003, by and between RICHARD A. LEGGETT hereinafter called "Husband,, and STACY L. LEGGETT, hereinafter called "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife who were married on May 13, 2000, and separated on May 31, 2003; and WHEREAS, the Wife instituted divorce proceedings in the Court of Common Pleas of Cumberland County', Pennsylvania to No. 03-3392 Civil Term, by Complaint filed on July 16, 2003, service of which was accepted by the Husband on August 5, 2003; and WHEREAS, the Wife has instituted an action for spousal support against the Husband to docket No. 509 Support 2003, PACSES Case No. 182105542, which has been continued generally by Agreement of the parties; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights; and WHEREAS, the Husband and Wife are represented by separate legal counsel who have advised them of their respective rights, privileges, duties and obligations relative to their property rights and interests arising from their marital relationship; and WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine her and his 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, the parties hereto, being legally bound hereby, do covenant and agree as follows: 1. Contemporaneously with the execution of this Agreement, both parties agree to sign and deliver to the Wife's attorney the required Consents, Waivers of Notice, and any other documents necessary to enable a Divorce Decree to be entered. Wife's attorney shall transmit the record to the Court for entry of the Divorce Decree in early December 2003, so a Divorce Decree is entered prior to January 1, 2004. Husband shall be provided a certified copy of the Divorce Decree upon ]payment of the Nine ($9.00) Dollar fee charged by the Prothonotary. Neither party shall do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Decree in breach of this Agreement, or the other party may, at his or her option, declare this Agreement null and void. 2. Pending the entry of a Divorce Decree, the parties shall live separate and apart from each other at such places as he and she may chose. Each party shall respect and act consistent with the other party's right to maintain a separate existence as though he and she were unmarried. 3. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall -2- continue to be enforceable in accordance 'with its terms. No Court may change the terms of this Agreement, and it shall be binding and conclusive upon the parties. An action may be brought at law, in equity or pursuant to the prow[sions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other co- habitation 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. 4. Except as hereinafter provided, the parties hereto have divided between them, to their satisfaction, all items of tangible marital personal property, including automobiles, household furnishings and other similar property. Neither party shall make any claim to any such items of marital property, in the possession of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 5. The parties are the owners of a mobile home at which the Wife resides which was purchased by a loan from the Wife's parents, which is an encumbrance on the title. The equitable interest of the parties is a Three Thousand[ ($3,000.00) Dollar down payment. If, in the future, the mobile home shall be sold, the Husband shall be entitled to one-half of the net proceeds of --3-- the sale, if any, not to exceed the sum of One Thousand Five Hundred ($1,500.00) Dollars, which shall be paid to the Husband at the time of sale. All other net proceeds, if any, shall be paid to the Wife. 6. The parties shall have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of the Husband and shall be his sole and separate property and that in the possession of or titled in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim ownership of or any beneficial interest in any such accounts or life insurance policies of the other, vested or contingent, each party to retain full ownership of such rights as his and her sole and separate property. ($85o.0o) of her in regard to the divorce and property settlement. of Six Hundred ($600.00) Dollars has already been paid. of Two Hundred Fifty ($250.00) Dollars shall be paid contemporaneously with the execution of this Agreement. The Husband shall pay the sum of Eight Hundred fifty Dollars to the Wife's attorney for his representation The sum The sum -4- 8. Both parties covenant and agree that all loans, credit card accounts, and any other obligations existing at the time of separation were created in the individual names of the parties and that neither party is liable for such obligations of the other by virtue of any contractual document. Further, 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 party agrees to indemnify and save and hold harmless the other from and against all such debt, liabilities or obligations of every kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 9. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charges, liabilities incurred by the other after the execution 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 indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney fees actually incurred. 10. The Husband has paid to the Wife the sum of Three Hundred Fifteen ($315.00) Dollars per month of alimony pendente lite (APL) effective June 9, 2003. Such payments of alimony pendente lite shall continue through the end of calendar year 2003, such payments being made bi-weekly, as Husband receives his paychecks. Should Husband fail to make any payment of APL as due, the Wife shall be entitled to activate her spousal support action, shall be entitled to the entry of an Order for APL or Alimony consistent with the provisions of this Agreement, and Husband shall, in addition, be responsible for reimbursement to the Wife of all attorney fees reasonably and actually incurred by her in conjunction with collection of any unpaid amount of APL. Further, Husband shall continue Wife and her child on his medical insurance through the end of December 2003. Husband's obligation to make payment of APL/Alimony and to maintain medical insurance for the Wife and her child, shall both terminate on December 31, 2003. Wif~ shall be responsible for payment of all deductibles for medical treatment/hospitalization/prescriptions for her and her daughter. The payments of APL made by the Husband to the Wife shall be tax deductible as alimony paid on his 2003 income tax return, and Wife shall report and pay income tax on the amount of APL paid to her by the Husband on her 2003 income tax return. 11. Both parties a~ree 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 --6-- 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. 12. Husband does hereby release, rem~se, quitclaim and forever discharge the wife and the estate of the Wife from any and all claims he now has, ever may have os can at anytime have against the Wife or her estate of any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Wife's Will, arising under 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 Husband under this Agreement. 13. Wife does hereby release, remise, quitclaim and forever discharge the husband and the estate of the Husband from any and all claims she now has, ever may have or can at anytime have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widow's right or under the Intestate Law, arising by any right to take against the Husband's Will, arising under the Divorce Code, Act Nc,. 26 of 1980, as amended, including, alimony, alimony pendente lite, and expenses, arising as a right to spousal support counsel fees or arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 14. 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 and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 15. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 16. 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. 17. The 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. -8- 18. This Agreement shall bind and 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. Witness: -9- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the -~6 day of ~/~~ _ __, 2003, before me, the undersigned officer, personally appeared Richard A. Leggett, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. · L co'w,.s..OTn.,W .UaUC I [SEAL] COMMONWEALTH OF PENNSYLVANIA COUNTy OF CUMBERLAND On this, the ~O day of · 2003· before me, the undersigned officer, personally appeared Stacy L. Leggett, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand ~43d official seal. NOTARIAL SEAL J SHELLY SEXTON Notary Public ~ ~ [SEAL] Carlisle Boro, Cumberland County I My Commission Expires April 26, 2007 / -10- STACY LYNN LEGGETT, v. RICHARD LEGGETT, TO THE PROTHONOTARY: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Defendant NO. 03-3392 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORI} 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 3301(c) of the Divome Code. 2 Date and manner of service of the complaint: Acceptance of Service signed August 5, 2003. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divome Code: by the PlaintiffNovember 12, 2003; by Defendant November 26, 2003. 4. Related claims pending: None. 5. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 2 2003~. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the D~ecember~2, 2003. Prothonotary: Date: December 3, 2003 ANDREws & JOHNSON By:_ /~.J~'rest Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 IN THE COURT OF COMMON PLEAS OF CUMBERLAND 'COUNTY STATE OF ~ PENNA. ........ S.TACY .-LYNN. -LEGGETT ............... Plaintiff VOI'SHS RICHARD LEGGETT Defendant ........ 03=3.3.92 ................. 19 DECREE IN DIVORCE AND NOW .......... ~).~. /~ ~1~9.~.~. it is ordered and decreed that Stacy Lynn Leggett ................................................. , plaintiff, and Richard Leggett · ' ..............................................., defendant, are divorced from the bonds of matrimony. The court retains iurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; Marital Settlement Agreement dated November 20, 2002 herein but not merged ls incorporated with this decI By Th.O. Court:,//'