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HomeMy WebLinkAbout07-3943W." _% fl\dlv\LEITENBERGER,ERIC-3301 c ERIC W. LEITENBERGER, Plaintiff V. KATHLEEN A. LEITENBERGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. p >- 39 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 Prothonotary at the Cumberland County Courthouse, 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 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 32 South Bedford Street. Carlisle. PA 17013-3302 Telephone: (717) 249-3166 -1- ERIC W. LEITENBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7- 39q,3 Cu;-! V. KATHLEEN A. LEITENBERGER CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT 1. The Plaintiff in this action is Eric W. Leitenberger, an adult individual, who currently resides at 8250 Bull Road, Lewisberry, York County, Pennsylvania, 17339. 2. The Defendant in this action is Kathleen A. Leitenberger, an adult individual, who currently resides at 2 Stone Spring Lane, Apt.#2, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on July 25, 1995, in Jamaica. 5. There has been one prior action of divorce between the parties filed November 24, 1999, in the Court of Common Pleas of York County, Pennsylvania to Docket No. SU-05479-03 but purged for non-activity by the Court Administrator on July 19, 2005. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -2- 7. Plaintiff and Defendant have no minor children involved in this action. Their child is of the age of majority. 8. Plaintiff and Defendant attended counseling sessions to explore the possibility of repairing the marriage. Both Plaintiff and Defendant are aware that counseling is availability and could seek and Order of Court directing same. Plaintiff has determined the marriage cannot be repaired and does not desire any further counseling. 9. The Plaintiff requests the court to enter a decree of divorce. 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 P.C.S. §4904, relating to unsworn falsification to authorities. Date: O? Z)1 Eric W. Leitenberger, Plaintiff IA4 I-V i? W V C- N N GJ "t7 GJ CJ Gti Q -n MIT Pp :F-? i fl\div\LE ITENBERG ER,ERIC-affofservice ERIC W. LEITENBERGER, Plaintiff V. KATHLEEN A. LEITENBERGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3943 Civil CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF CUMBERLAND I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Kathleen A. Leitenberger, at 2 Stone Spring Lane, Apartment #2, Camp Hill, Pennsylvania 17011, by United States certified mail, postage prepaid, restricted delivery, on July 5, 2007, as evidenced by the attached certified mail return receipts. SWORN TO AND SUBSCRIBED before this D? day of 2007. Notary F fu r 1 I`- C3 For delivery information visit our website,-? C3 Postage $ u-t Certified Fee, tf7 O Return Receipt Fee C3 (Endorsement Required) IN . O Restricted Delivery Fee C3 (Endorsement Required) - L4 -in r=I lam- Total Postage & Fees v O Sent To , 17- C3 MO G Street, Apt ------------ Box Q ?%04 USE ?n? y ! z ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ PrW your name and address on the reverse so 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. Nude Addressed to: Kra,??ecti ? le,??.kb.?.l•t?,,r. ` +O-L oLjo' (A n a by ( Printed Name) C. D. Is delivery address different from Rem 1? U Yel If YES, enter delivery address below: ? No 3. Ce Type Certified Mail Express Mail ? Registered Return Receipt for MerdwWW9 ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exba Fee) 81, Y. 2. Hide Number t-O'fartslirrlftori s?rv? ?W* 7007 0 710 0005 5044 1072 Ps Form 3811, February 2oo4 Domestic Retum Receipt 102505-02-WI M C7 ? c=) C CrN DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 737-4433 DAN_REGAN@COMCAST. NET Eric W. Leitenberger, Plaintiff V. Kathleen A. Leitenberger, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-3943 CIVIL ENTRY OF APPEARANCE I hereby enter my appearance for Candice A. Shughart, Defendant in the above matter. Kathleen A. Leitenberger, 4-r? 46'-t- DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: August 1, 2007 C". 0 rn rn? .f i Q DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 737-4433 DAN_RE GAN@C OMCAST . NET Eric W. Leitenberger, Plaintiff V. Kathleen A. Leitenberger, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-3943 CIVIL ACCEPTANCE OF SERVICE I, Dan Regan, Esq., hereby accept service and acknowledge receipt of the Complaint in the above-referenced action on behalf of my client, Kathleen A. Leitenberger, having received the Complaint on the 23`d day of July, 2007. 1 hereby indicate I am authorized by my client to accept service on her behalf. DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 G ?7 cn f C? C7J .#+ -i DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 737-4433 DAN_RE GAN@C OMCAST. NET Eric W. Leitenberger, ) IN THE COURT OF COMMON Plaintiff ) PLEAS V. ) CUMBERLAND COUNTY, PENNSYLVANIA Kathleen A. Leitenberger, ) Defendant ) No. 2007-3943 CIVIL PRAECIPE TO WITHDRAW APPEARANCE TO THE CLERK OF COURTS: Please withdraw the appearance of Dan Regan, Esq., on behalf of the Defendant, Kathleen A. Leitenberger, in the above-captioned proceeding effective immediately. This filing is made with Ms. Leitenberger's consent after full disclosure. Respectfully submitted, Dan Regan Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: August 17, 2007 .- A Eric W. Leitenberger, ) IN THE COURT OF COMMON Plaintiff ) PLEAS V. ) CUMBERLAND COUNTY, PENNSYLVANIA Kathleen A. Leitenberger, } Defendant ) No. 2007 - 3943 CIVIL CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day requested the Prothonotary serve a true and correct copy of the foregoing document by sending a copy via first class mail to: Counsel for Plaintiff: Elizabeth B. Stone, Esq. Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Defendant:: Kathleen Leitenberger 2 Stone Spring Lane #2 Camp Hill, PA 17011 DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: August 17, 2007 C? n.? t_= ? ? C3 -.., ?? +_ii - ?? ??? N `e 1 ?`A. ', . __ ,.:_ _ ? _ . ;? - ,? - ,r __. -- „r-? -. C`,3 -' ! r 3 _? ??? ?d C!7 `S7 ?.; -G fl\di vTE ITENBERGER,ERI C-consent ERIC W. LEITENBERGER, Plaintiff V. KATHLEEN A. LEITENBERGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3943 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 28, 2007, and served July 5, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of 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. 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. 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. C, De) Date Eric W. Leitenberger, Plaintiff -1- f' ?\a f? f^ ?-? ?•,? r? i? ? 1-.+ (? ? r 7 =f ? r ? r,; ?'? ,?'?' ?? j ' ri \Ap . .` fl\div\LEITEN BERGER.ERIC-consent ERIC W. LEITENBERGER, Plaintiff V. KATHLEEN A. LEITENBERGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3943 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 28, 2007, and served July 5, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of 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. 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. 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. ca ) 1G o 6??Loov, r, ? --,+, -.,? ?, 4 " Date K61 e-en A. Leitenberger, Defen t -1- i.. ...? 0l `? flUv\LEITEN B ERG E R,ERIC-waiver ERIC W. LEITENBERGER, Plaintiff V. KATHLEEN A. LEITENBERGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 -3943 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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.S. § 4904 relating to unsworn falsification to authorities. oC,q ) ? q o S,,- w Date Eric W. Leiten erger, laintiff rill ;?y r fl\div\L E [T ENBERGER,ER[ C-waiver ERIC W. LEITENBERGER, Plaintiff V. KATHLEEN A. LEITENBERGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 -3943 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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.S. § 4904 relating to unsworn falsification to authorities. Oa I u& Date ?? _? ^'?1 -?:' a? ??;?'? ? ? --. y.. "''t,5 ?': `?. ERIC W. LEITENBERGER, Plaintiff V. KATHLEEN A. LEITENBERGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 -3943 CIVIL TERM PRAECIPE TO TRANSMIT RECORD 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 §3301(c) Hof the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: July 6, 2007 via United States Certified Mail, Postage Prepaid Restricted Delivery 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff 02/19/2008 ; by Defendant 02/19/2008 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: No Claims Raised 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in(,§3301(c) Divorce was filed with the Prothonotary: ,A' A1. ba Date Defendant's Waiver of Notice in §33 ) Divorce was filed with the Prothonotary: -1? ' XRziief1'i B. Sto Es Attorney for a' ,.:a " ?:., ,?? :: . ??! r ? f'r? ,;;? ? ?.? '? rr ,? ) r''. t^?+.y , ,.,? Cv? -' .,? fl\div\LEITENBERGER,ERIC-motiontoincorpagree ERIC W. LEITENBERGER, Plaintiff V. KATHLEEN A. LEITENBERGER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 -3943 CIVIL TERM MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE ERIC W. LEITENBERGER, Plaintiff in the above action, by his attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached agreement dated September 12, 2007, into the Decree in Divorce. No Judge has ruled upon any other issue in the same or related matter. There is no opposing counsel of record therefore concurrence of any opposing counsel is not required. Date: 2 ';? !' of B STONE LaFAVER & SHEKLETSKI ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF ERIC W. LEITENBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KATHLEEN A. LEITENBERGER : NO. 2007 -3943 CIVIL TERM Defendant AGREEMENT THIS AGREEMENT, made this to( day of , 2007, by and between ERIC W. LEITENBERGER, of York County, Pennsylvania, (hereinafter referred to as "Husband"), and KATHLEEN A. LEITENBERGER, of York County, Pennsylvania, (hereinafter referred to as "Wife"); WITNESSETH WHEREAS, Husband and Wife were lawfully married on July 25, 1995; and WHEREAS, there is one fully emancipated adult child, Zachary Leitenberger, born of this relationship, not a party to this agreement; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and pro- -1- perty rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony 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. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. Preparation of Agreement. This agreement has been prepared by Elizabeth B. Stone, as attorney for the Husband. Wife has been advised to seek legal representation and has chosen to be unrepresented at this time. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. -2- 3. Lawfulness of Separation. It shall be lawful for each parry at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit- claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may -3- have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obligations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them. 7. Assumption of Liabilities. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. -4- 8. Assumption of Debts by Wife. Wife hereby assumes the debts owed to BonTon and Kohl's and any and all other credits cards that are in her name alone. Wife further agrees to assume all payments towards the payoff of same. If any claim, action or proceeding is hereafter brought seeking to hold the Husband liable on account of such debts or obligations, the Wife will, at her sole expense, defend the Husband against any such claim, action or proceeding, whether or not well founded, and Wife will indemnify and hold Husband harmless from and against such claim, action or proceeding. 9. Assumption of Debts by Husband. Husband hereby assumes the following debts and or loans: The first mortgage which is in husband's name alone with a current balance of +/- $120,000. A Home Equity Loan with CitiMortgage in the amount of +/- $28,000.00 in Husband and Wife's name. Husband agrees to immediately refinance this Home Equity Loan to remove the Wife's name from this liability. CREDIT CARD LIST Visa Chase ( ending in 9472) AT&T Verizon Sears Lowe's Chase (ending in 2387) Chase (ending in 7031) The parties have heretofore agreed to pay off or split the debts of all credit cards held jointly and If any claim, action or proceeding is hereafter brought seeking to hold the Wife liable on account of such debts or obligations, the Husband, will at his sole expense, defend the Wife against any such claim, -5- action or proceeding, whether or not well founded, and Husband will indemnify and hold Wife harmless from and against such claim, action or proceeding. 10. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 11. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 12. Husband's Bank Accounts. The following bank accounts (or accounts in a Savings Association) whether commercial accounts or savings accounts, held either jointly or severally by the parties, shall be the sole property of the Husband, free and clear from any claim on the part of the Wife; and, the Wife shall execute all documents and perform all acts necessary or required to transfer these accounts to the Husband: n/a Any undistributed dividends or interests presently due on the above accounts shall belong to the Husband. 13. Wife's Bank Accounts. The following bank accounts (or accounts in a Savings Association) whether commercial accounts or savings accounts, held either jointly or severally by the parties, shall be the sole property of the Wife, free and clear from any claim on the part of the Husband; -6- and, the Husband shall execute all documents and perform all acts necessary or required to transfer these accounts to the Wife: n/a Any undistributed dividends or interests presently due on the above accounts shall belong to the Wife. 14. Automobile to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1992 Chevrolet Blazer, 1989 Chevy Truck. Wife shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement if she possesses these items. 15. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the Saturn Ion. Husband shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 16. Pension/Retirement. Husband and Wife do hereby waive any and all interest which they may have in any and all retirement accounts, 401K, or any other investment accounts of the other. 17. Waiver of Alimony. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, and alimony pendente lite. 18. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, -7- whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 19. Medical Insurance. Husband agrees to maintain medical insurance coverage for Wife until a Divorce Decree is entered at which time Husband may cancel coverage for Wife and Wife must obtain her own medical insurance. 20. Real Estate. Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 8250 Bull Road, Lewisberry, York County, Pennsylvania. Husband shall remove Wife from said obligation(s) by refinancing or assuming the Home Equity Mortgage from Citibank Mortgage into his name alone within sixty (60) days from the date that this agreement is last signed by the parties; provided however, if Husband has taken all reasonable steps necessary to apply for said assumption or refinancing within thirty (30) days of the date of this agreement and such assumption or refinancing has not been completed due to no fault of the Husband, such time period to assume or refinance shall be extended for such additional time as is reasonably necessary to complete such assumption or refinancing, but in no event more than an additional thirty (30) days (for a total of 90 days) from the date of this agreement. From the date of this agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. -8- This agreement or a memorandum thereof may be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. Thus, the parties herein agree that Husband shall be entitled to claim the mortgage payments, interest, taxes and any other payments associated with the real estate as income tax deductions or for other valid purposes not named herein. 21. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 22. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: a. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. b. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. d. Has carefully read each provision of this agreement. e. Fully and completely understands each provision of this agreement. -9- 23. Divorce. Husband and Wife agree, upon the expiration of the ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered to Docket No. 07-3943 Civil, Cumberland County, pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. 24. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 25 Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 26. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 27. Future Earnings. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 28. Waiver of Rights. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have -10- alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 29. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 30. Survival of Agreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 31. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. -11- 32. Agreement Binding on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. to, 9-?- (SEAL) ERIC W. LEITENBERGER (SEAL) THLEEN A. LEITENB R -12- TI a _ rya IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ERIC W. LEITENBERGER, PLAINTIFF N O. 2007-3943 CIVIL TERM VERSUS KATHLEEN A. LEITENBERGER, DEFENDANT DECREE IN DIVORCE AND NOW, / G IT IS ORDERED AND DECREED THAT ERIC W. LEITENBERGER , PLAINTIFF, AND KATHLEEN A. LEITENBERGER , DEFENDANT, 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; The parties Marital Settlement Agreement dated September 12 , 2007, is hereby incorporated, but not merged, into the Decree in Divorce. BY ATTEST: J. 4 PROTHONOTARY M ? "? 9 , 1 fl\div\LEITENBERGER,ER[C-ordertoincorp e ? '! E2 2, 1 201e ERIC W. LEITENBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KATHLEEN A. LEITENBERGER : NO. 2007 -3943 CIVIL TERM Defendant ORDER AND NOW, this jme day of , 2008, the property settlement agreement between the parties dated September 12, 2007, and attached hereto is hereby incorporated into the Decree in Divorce. J. -763Q'I ''rS ?tftf I r `_ golSrIr