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HomeMy WebLinkAbout07-5745MARILYN LEATHERY, Plaintiff V. RODNEY L. LEATHERY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 07 - 5-7q,5" CIVIL TERM : IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 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. 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. MARILYN LEATHERY, Plaintiff V. RODNEY L. LEATHERY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - S ? Y S? CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Marilyn Leathery, an adult individual, who resides at 657 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Rodney L. Leathery, an adult individual, who resides at 147 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. 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. Plaintiff and Defendant were married in August, 1987, in England. 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 in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT II ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 11. Plaintiff is without sufficient property and otherwise unable to financially support herself and children. 12. Defendant is presently employed and receiving substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiff s counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite for Plaintiff. COUNT III EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. Plaintiff and Defendant are joint owners of various items of personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution. C 15. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully submitted, Rominger & Associates Date: October 1, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff J MARILYN LEATHERY, . Plaintiff V. RODNEY L. LEATHERY, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - CIVIL TERM IN DIVORCE VERIFICATION 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 unworn falsification to authorities. Date: 10 -A9? Marilyn Leathery, laintiff MARILYN LEATHERY, Plaintiff V. RODNEY L. LEATHERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVH. ACTION - LAW NO. 07 - CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify this day that I served a copy of the Divorce Complaint upon the following by depositing the same in the United State mail postage prepaid, certified with return receipt, restricted delivery and first class mail, addressed as follows: Harold S. Irwin, III, Esquire IRWIN LAW OFFICE 64 South Pitt Street Carlisle, Pennsylvania 17013 t Date: October 1, 2007 Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff r-.a C) czn 0 51 1- ' cry Q g? c? HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 " SOUTH PITT STREET CARLISLE PA 17013 (717) 243-SM ATTORNEY FOR DEFENDANT MARILYN LEATHERY, Plaintiff V. RODNEY L. LEATHERY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 5745 CIVIL TERM : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE NOW, comes the defendant, RODNEY L. LEATHERY, by his attorney, Harold S. Irwin, 111, Esquire, and responds to plaintiff's complaint in divorce, representing as follows: COUNT 1 - DIVORCE 1. The averments of paragraph one of plaintiff's complaint are admitted. 2. The averments of paragraph two of plaintiff's complaint are admitted. 3. The averments of paragraph three of plaintiff's complaint are admitted. 4. The averments of paragraph four of plaintiff's complaint are admitted. 5. The averments of paragraph five of plaintiff's complaint are admitted. 6. The averments of paragraph six of plaintiff's complaint are admitted. 7. The averments of paragraph seven of plaintiff's complaint are admitted. 8. The averments of paragraph eight of plaintiff's complaint are admitted. WHEREFORE, defendant requests that the Court enter a decree in divorce. COUNT II Alimony, Alimony Pendente Lite and Counsel Fees 9. Defendant incorporates by reference his responses contained in paragraphs one through eight of his answer above as fully as if set forth herein. 10. The averments of paragraph ten of plaintiff's complaint are denied. On the contrary, plaintiff is able to provide for and afford her counsel fees, expenses and costs during the pendency of this divorce action and through its resolution, as she has been doing up until now. 11. The averments of paragraph eleven of plaintiff's complaint are denied. On the contrary, plaintiff is able financially to support herself and is receiving support from defendant for the parties' children. 12. The averments of paragraph twelve of plaintiff's complaint are admitted in part and denied in part. It is admitted that defendant is employed and receiving income and benefits. It is denied that his income is substantial or that it is sufficient for him to pay plaintiff's counsel fees, expenses and costs, alimony or alimony pendent lite in addition to his own living expenses, child support, legal fees and the expenses and costs of this action. WHEREFORE, the defendant demands that the claim for alimony, alimony pendent elite and counsel fees dismissed. COUNT III Equitable Distribution 13. Defendant incorporates by reference his responses contained in paragraphs one through twelve of his answer above as fully as if set forth herein. 14. The averments of paragraph thirteen of plaintiff's complaint are admitted. 15. The averments of paragraph fifteen of plaintiff's complaint are admitted. WHEREFORE, the defendant has no objection to the equitable division of the parties' assets and liabilities. HAROLD S. IRWIN, II' Attorney for Defenda 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. October )-? , 2007 zo-,-,7v ?? D RY C'? rJ? 0 CD MARILYN LEATHERY, Plaintiff V. RODNEY L. LEATHERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5745 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF TO PROTECT THE MARTIAL SHARE OF HUSBAND'S RETIRMENT AND TO COMPEL FULL HEALTH/DENTAL CARE COVERAGE OF THE MARRIAGE'S MINOR CHILDREN AND NOW, comes Marilyn Leathery, by and through her counsel Karl E. Rominger, Esquire, and in support of her Petition for Special Relief, avers as follows: 1. Petitioner is Marilyn Leathery who resides at 657 Alexander Spring Road, Carlisle, Pennsylvania 17015. 2. Respondent is Rodney L. Leathery who resides at 147 South East Street, Carlisle, Pennsylvania 17013. 3. Petitioner and Respondent are Wife and Husband, having been married in August, 1987. 4. Petitioner filed a Complaint in Divorce on October 1, 2007. 5. Petitioner and Respondent's divorce has not been finalized. 6. Respondent is a retired member of the United States Air Force. 7. Respondent has a pension with the military through the Air Force and Petitioner is entitled to her martial portion of the pension. 8. Petitioner needs to be made survivor of Respondent's pension with the Air Force. 9. While Respondent has had a military pension through the Air Force, if Respondent were to die before the divorce is finalized there would not be an Order of Court giving Petitioner her martial portion of the pension and it would lapse. COUNT II COMPEL FULL HEALTHMENTAL CARE COVERAGE OF THE MARRIAGE'S MINOR CHILDREN 10. Previous paragraphs are incorporated by reference. 11. Respondent caries the health insurance for the party's two minor children who have multiple health needs. 12. Respondent did carry the dental insurance for the family but has dropped the coverage without notifying Petitioner. 13. Respondent through his retirement with the military is provided Tricare health services and at the level Respondent is at right now the health care coverage is free. 14. Petitioner has previously requested that the minor children be placed on Tricare prime which offers a higher coverage and has contacted Respondent directly to arrange to pay for the annual fee which is approximately $460.00. 15. Respondent has refused to place the children on Tricare prime. 16. Petitioner has accumulated thousands of dollars of medical/dental expenses as a result of Respondent refusing to place the children on Tricare prime which is nearly 100% free health care coverage and dropping the family from the dental coverage. 17. There is no rational reason to refuse having the children placed on Tricare prime. 18. Respondent is putting financial stress on Petitioner when not required. WHEREFORE, Petitioner respectfully requests relief as follows: a. that an injunction be issued preliminarily, until a hearing, and finally thereafter, enjoining Respondent to make Petitioner survivor and nominate her as survivor with a survivors benefit on his military pension through the Air Force; b. that your Honorable Court issue an order requiring Respondent to place the children on the highest option of Tri-Care coverage with Petitioner paying the annual fee for the same; c. that your Honorable Court issue an order requiring Respondent to carry the dental insurance for the family since Petitioner is willing to pay the annual fee for the medical coverage; d. such other relief as your Honorable Court may deem appropriate; and e. award attorney's fees, costs and expenses. Respectfully Submitted, Rominger & Associates Date: February 29, 2008 Kdrl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RODNEY L. LEATHERY, : NO. 07 - 5745 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Petition for Special Relief upon the following by depositing the same in the United States Mail postage pre-paid, first class, at Carlisle, Pennsylvania, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 Respectfully Submitted, Rominger & Associates Date: February 29, 2008 2=:::? arl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff " ,.'? i? ( S i.7? <'.-.? ,. 1.1 4?_ C?:;7 r? ?;, ;? .?x e,? , ?_- ? +? t r_:a .. ?-.:: b OR 0a 20D?,r-- t" MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RODNEY L. LEATHERY, : NO. 07 - 5745 CIVIL TERM Defendant : IN DIVORCE ORDER Q/OF COURT AND NOW, this day of /x*.A , 2008, upon consideration of the attached Petition for Special Relief a hearing is A f day of #Aa , 2008, at O••OO in Courtroom # 3 at the Cumberland scheduled on the o'clock rn M. County Courthouse, Carlisle, Pennsylvania. or J. Distribution: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 Harold S. Irwin, 111, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 Cc?p Ces 6L 3?s?og 't IKIVA1 ASW43d o £ =oI WV S- HVW BOOZ 30L'-?D-cmU MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RODNEY L. LEATHERY, : NO. 07 - 5745 CIVIL TERM Defendant : IN DIVORCE PETITION TO RESCHEDULE SPECIAL RELIEF HEARING AND NOW, comes Marilyn Leathery, by and through her counsel Karl E. Rominger, Esquire, and in support of her Petition to Reschedule Special Relief, avers as follows: 1. Petitioner is Marilyn Leathery who resides at 657 Alexander Spring Road, Carlisle, Pennsylvania 17015. 2. Respondent is Rodney L. Leathery who resides at 147 South East Street, Carlisle, Pennsylvania 17013. 3. Petitioner previously filed a Special Relief on February 29, 2008. 4. A hearing was scheduled for March 10, 2008. 5. Undersigned counsel and opposing counsel continued the hearing generally in an attempt to resolve the matter out of court. 6. Respondent is not cooperating in trying to resolve the health/dental care coverage. 7. Opposing counsel has been contact and was unable to state his position with this petition. WHEREFORE, Petitioner respectfully requests that a hearing be scheduled to resolve the health/dental care coverage matter. Date: April 30, 2008 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RODNEY L. LEATHERY, : NO. 07 - 5745 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Petition to Reschedule Special Relief Hearing upon the following by depositing the same in the United States Mail postage pre-paid, first class, at Carlisle, Pennsylvania, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 Date: April 30, 2008 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff L ' 4 MAY 012008 MARILYN LEATHERY, Plaintiff V. RODNEY L. LEATHERY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5745 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this. ? day of I'' , 2008, upon consideration of the attached Petition to Reschedule Special Relief Hearing, a hearing is scheduled on the 1 a14A day of 2008, at ?• ?? o'clock A - M. in Courtroom # at the Cumberland County Courthouse, Carlisle, Pennsylvania. J. Distribution: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 s/s? e 3 iv . 1 ? - ? li HE MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, V. : CIVIL ACTION - LAW RODNEY L. LEATHERY, : NO. 07 - 5745 CIVIL TERM Defendant : IN DIVORCE ORDER OF COURT AND NOW, this X day of 2008, upon Stipulation of the parties, it is hereby ORDERED and DIRECTED that Defendant shall effectuate, execute and take whatever steps necessary to ensure that Marilynn Leathery and the parties children are covered under the TRICARE Prime Insurance Plan. It is further agreed that Plaintiff will bear the premium associated with the TRICARE Plan. Rodney L. Leathery shall take any and all steps to effectuate the processing of paperwork and thereafter Marilyn Leathery shall be solely responsible for the TRICARE premium. Father is advised that the intent of the parties is to have the TRICARE plan to commence at the beginning of August 2008, thus in accordance with the TRICARE plan, Father must submit paperwork before Sunday, July 20, 2008. In regards to dental insurance for the Leathery children, Rodney L. Leathery shall bear the full responsibility for ensuring the children are covered by the DELTA DENTAL Plan. THE C URT J. Aistribation: ,/Karl E. Rominger, Esquire 155 South Hanover Street /Carlisle, Pennsylvania 17013 ? Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 00 r es r»tz t LL l 9E :z d Qs t nr ocaz MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • : CIVIL ACTION - LAUD cot RODNEY L. LEATHERY, : NO. 2007 - 5745 CIVIL TERM cc Defendant : IN DIVORCE z AFFDAVIT OF CONSENT sr © , ,x;1'43` 1. A complaint in divorce under Section 3301(c)of the Divorce Code was filed in this tear oror 272 about October 1, 2007 and service of the complaint was accepted by the defendanplOcttlierVIL 2007. 4 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. November 1 , 2013 RODNEY ATH ,;•� WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 statemehts 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. November ,2013 _ RO'EY L. L - HERY IjIN0TFr.,. , a i 21 MARILYN LEATHERY, `,fir =PND R`i' OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA- v. : CIVIL ACTION - LAW RODNEY L. LEATHERY, : NO. 2007 - 5745 CIVIL TERM Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about October 1, 2007 and service of the complaint was accepted by the defendant on October 3, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. November_7 2013 MARILYN LEATHERY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. November—7—2013 MA ILYN LE THERY `09-06113 10:'07 FROM-IRWIN LAW OFFICE 7172439200 T-182 P002/009 F-713 07-5cV.5� MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this /77"tday of GC7 ,5 /Z ,2013, by and between RODNEY L. .LEATHERY, hereinafter referred to as "HUSBAND")and MARILYN LEATHERY(hereinafter referred to as"WIFE). WITNESSETH:WHEREAS, HUSBAND and WIFE were_lawfully married In August, 1987, in .,England; and , WHEREAS, there are three children of the parties, namely, Ferns Natalia Leathery(born , r September 7, 1989), Mellissa Eran Leathery(born September 15, 1992),and Arran Rodney<> Leathery(born September 21, 1994); and - , c:� WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the • h� parties, in consequence of which they have been living separate and apart from each other since on or about July,2002, and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives. Accordingly, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including,without limitation by specification,the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW,THEREFORE, in consideration of the promises and 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, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1, it is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as"Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and ` 09-06-'13 10.08 FFIOM-I1WIN LAW OFFICE 7172439200 T-182 P003/009 F-713 • completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard,with due regard to the rights of each.party. It is•the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further,the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, libel, slander,threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now'owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and • '09-06'13 10.08 FROM-IIWIN LAW OFFICE 7172439200 T-182 P004/009 F-713 • E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made.a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge,security interest, encumbrance, or restriction to-which any property is subject. Bach party further represents that he or she has made,a full and fair disclosure of all debts and `obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he.or she has not made any gifts or transfers of Marital • • Property for inadequate consideration without the prior consent of the other. 8. DEBTS! It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any past joint credit card debt and all of his individual debts. HUSBAND represents and warrants to WIFE that since the date of separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and will not do so at any time in the future. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts and represents and warrants to HUSBAND that since the date of separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WRI not do so at any time in the future. • C. The parties agree that they have no joint debts except the credit card debt • referred to above. 9. Except as herein provided,the parties agree that they have previously.divided their personal property to their mutual satisfaction. The parties agree that this division is fair and . equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of-personal property of every kind, nature and descriptiorr•.; 09-06-'13 10:08 FROM-IRWIN LAW OFFICE 7172439200 T-182 F005/009 F-713 and wherever situated,which are now owned or held by or which may hereafter belong to the HUSBAND or WiFE,with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The • following division of specific items of personal and real property will be equitably distributed as follows: A. PERSONAL.PROPERTY: . r 1.) Motor Vehicles—The parties are joint owners of a 1997 Ford Conversion Van and a 1998 Ford Mustang. HUSBAND releases to WIFE any interest in the Ford Conversion Van and WIFE releases to HUSBAND any interest in the Ford Mustang. Each party indemnifies and holds the other harmless from any debt or other liabilities associated with the vehicles owned by the other, including the provision of motor vehicle insurance, 2.) Bank Accounts-Each party shall retain their individual bank accounts free of any claim by the other party. The parties have no joint bank accounts. 3.) Employee Benefit and Retirement Plans- HUSBAND agrees that WiFE•shal be entitled to receive direct payment of$1.500,00 of HUSBAND's Air Force pension upon entry of a final decree of divorce of the parties. This shall be accomplished by means of a CORO agreement which the parties will enter into and submit as soon as possible after entry of the decree. WIFE's receipt of Air Force pension benefits will terminate upon the death•of the HUSBAND or the remarriage of the WiFE. In addition, both parties agree that WIFE will be entitled to receive any medical benefits as provided by military guidelines and both parties will cooperate as much as possible to endure that the medical benefits are received. 4.) Other personal property-The parties agree that they have divided all of r their remaining personal property, including, but not limited to furniture, • 09-06=''13 10:08 FI30M-IRWIN LAW OFFICE 7172439200 1-182 P006/009 F-713 household goods,appliances and personal belongings to their mutual satisfaction and each release to the other alt such personal property as presently divided. In addition, however,within seven(y)days following execution of this agreement, HUSBAND shall release to WIFE her rocking horse,her Jewelry box, and any of her jewelry in his possession. The parties acknowledge that they have each acquired various items of property since their separation on or about July, 20Q2. Except as may be ' otherwise stated in this agreement,each party expk'essly waives and relinquishes any right,title or interest he or she may have in the property acquired by the other since the separation. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 11. SUPPORT MIR ALIMONY. HUSBAND agrees to pay to WIFE as spousal and/or alimony at the rate currently established by the Domestic Relation Office until the first month in which WIFE receives a direct Air Force pension payment. When the first pension payment is received by WIFE, WIFE will immediately authorize the termination of all spousal and child support. Otherwise,both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, alimony pendente lite or spousal support before or after any divorce which may be granted. 12. DIVORCE. The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that contemporaneously with the execution of this agreement the parties will execute and file the consents and waivers necessary to.obtain the divorce. WIFE agrees to"file with the'` Prothonotary a Notice Of Intention to Resume Prior Surname within 30 days after entry of a • divorce decree and follow through with any necessary name change notifications, 13. BREACH: In the event of the breach.of this agreement by either party,the nonbreaching party shall have the right to seek monetary damages for such breach,where • such damages are ascertainable, and/or to seek specific performance of theterms of this agreement,where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages '09-06--"13 10:08 FROM-IRWIN LAW OFFICE 7172439200 T-182 P007/009 F-713 • and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and aft further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. . 16. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily.' HUSBAND's legal counsel is Harold S. Irwin, III, Esquire and WIFE's legal counsel is Karl E. Rominger, Esquire. Both parties agree that they have had effective assistance of counsel in this divorce and in the negotiation and completion of this property settlement and marriage settlement agreement. Further, each party agrees to'be responsible for his or her own legal fees and costs incurred in this matter. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties,covenants or undertakings other than those expressly set forth herein. • 17, APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. • 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect.' • 19. WAIVER t3F,C 'IMIS AGAINST Mg ESTATES: Except as otherwise provided'herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now-have or hereafter acquire, under the present or future laws of any jurisdiction,to share in the property or the estate of the other as a result of the marital relationship,including without limitation,dower,curtesy,statutory allowance,widow's allowance,'right to take in intestacy, right to take against the Will of,the other, and right to act as •09-06'13 10:08 FR1-IRWIN LAW OFFICE 7172439200 T-182 P008/009 F-713 administrator or executor of the other's estate,and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or • advisable to carry into effect this mutual waiver and relinquishment of.all such interests, rights and claims. 20. Unless otherwise stated herein,this agreement shall become effective immediately upon its execution by both parties.. . r 1' IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WI ES;, 5: z (SEAT.) R•DNEYL.L ////,'; • , A e,.l�`.EAL) MARILYN LEA ERY' • • • • •,r' •r •09-06'13 10.08 FROM-IRWIN LAW OFFICE 7172439200 T-182 P009/009 F-713 • COMMONWEALTH OF PENNSYLVANIA : • :SS: COUNTY OF CUMBERLAND ; PERSONALLY APPEARED BEFORE ME,a notary public for Cumberland County, Pennsylvania, this /lday of cf)c2r644--- 2013, RODNEY L.LEATHERY,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within agreement, and acknowledged that he execute id the same for the purposes therein contained. • ,. IN WITNESS WHEREOF, I have hereunto set my ha • and official seal, • NOTARIAL SEAL 'i HAROLD S IRWIN III Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY Nora Public My Commission Expires Feb 6,2015 ry COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND • PERSONALLY APP ED BE ,' -E ME a•notary public for Cumberland County, • Pennsylvania,this 1 day o ��a t ' ,2013, MARILYN LEATHERY, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official,seal• n No 'ubhc I COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan K.Guyer,Notary Public Carlisle 8oro,Cumberland County My Commission Expires Sept.4,2015 , MEMBER,PENNSYLVANIA ASSOCIATION of NOTARIES • .r •e MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION- LAW RODNEY L. LEATHERY, NO. 07- 5745 CIVIL VAIVIrrl H Defendant : IN DIVORCE ;' r� r f. PRAECIPE TO TRANSMIT RECORD ry c- TO THE PROTHONOTARY: --` Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service. Dated 10/3/2007. Copy attached. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff: 11/7/13; by the Defendant: 11/1/13. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 11/21/13. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 11/04/13. Date: 2013 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 MARILYN LEATHERY, •• IN THE COURT OF COMMON PLEAS OF Plaintiff •• CUMBERLAND COUNTY, PENNSYLVANIA • v. • : CIVIL ACTION- LAW RODNEY L. LEATHERY, : NO. 07 - 5745 CIVIL TERM Defendant : IN DIVORCE PROOF OF SERVICE EXHIBIT "A" 11-27-'13 13:50 FROM-IRWIN LAW OFFICE 7172439200 T-249 P002/002 F-852 C.:!) MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. • : CIVIL ACTION-LAW RODNEY L.LEATHERY, : NO. 07- 5745 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Rodney L. Leathery, in the above-captioned action and I certify that I am authorized to do so. Aid DATE: i /cf") By: 4111.� Harold S. Irwin, III, -quire Attorney for Defen•-nt • IN THE COURT OF COMMON PLEAS OF MARILYN LEATHERY : CUMBERLAND COUNTY, PENNSYLVANIA V. • • • RODNEY L. LEATHERY : NO. 07-5745 DIVORCE DECREE 2 /j.'3S'�.. M , AND NOW, 7, eloe 3 , it is ordered and decreed that MARILYN LEATHERY , plaintiff, and RODNEY L. LEATHERY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. A Marital Settlement Agreement is incorporated into but not merged with the Divorce Divorce Decree. BytheC• Attest: J. -11.6e4;L:1 Prothonotary ew_ett_1416.' Cerl-Copy mailed 46 aIEtiRo m i v►c r Nakee 4 Oxpq m II 40 a1te{Trcoc lI Iisv,„13 MARILYN LEATHERY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RODNEY L. LEATHERY, : NO. 2007 - 5745 CIVIL TERM Defendant : MILITARY RETIRED PAY DIVISION i QUALIFIED DOMESTIC RELATIONS ORDER NOW,thisef7VIof December, 2013,this cause came before the Court before the undersigned Judge upon the plaintiffs claim for a distribution of the defendant's military retired pay benefits: The Court makes the following: FINDINGS OF FACT: 1. The plaintiff's social security number is 094 — 72 — 2552 and her current address is 657 Alexander Spring Road, Carlisle, PA 17013. 2. The defendant's social security number is 187 — 52 — 0327 and his current address is 147 South East Street, Carlisle, PA 17013. 3. The parties were married in August, 1987. Their marriage was terminated by divorce pursuant to a decree of this Court entered on December 3, 2013 to the above term and number. This current order is entered incident to the aforementioned order. 4. The parties were married fora,.period often or more years during which lime the -defendant performed at least ten years of creditable military service. 5. The military member(defendant)was not on active duty--at the time of this order. 6. This.court has jurisdiction over the defendant by-reason of(A) his residence, other than because of military assignment, in the territorial jurisdiction of the court, during the divorce proceeding, (B) his domicile in the territorial-jurisdiction of the court during the divorce proceeding, and (C) his or her consent to the jurisdiction of the court. 4 CONCLUSIONS OF LAW: 1. This court has jurisdiction over the subject matter of this action and the parties hereto. 2. Plaintiff is entitled to a portion of defendant's United States military retired pay as set forth herein. 1T IS THEREFORE ORDERED THAT: (Please note that all awards expressed as a percentage of disposable retired pay, including formula hypothetical awards, will automatically include a proportionate share of the member's cost-of-living adjustments(COLAs)-unless this order states otherwise. Also, hypothetical retired pay amounts will be adjusted for all retired pay COLAS from the hypothetical retirement date-to the member's actual retirement date, unless this order states otherwise.) , [Retired member] "The former spouse is awarded $1,500.00 per month of the member's disposable military retired pay. By the Court. J. r ..... 4 .. � A . NOTARIZED STATEMENT OF THE PARTIES CLARIFYING THE COURT ORDER DIVIDING MILITARY RETIRED PAY We, the undersigned, mutually agree to divide the military retired pay, as property; in the following manner. This agreement clarifies the final Court Order entered on Court of Common Pleas of Cumberland County, Pennsylvania. The former spouse, Marilyn Leathery, is entitled to receive $1;500.00 per month of the member's disposable military retired pay. The parties acknowledge that this agreement is irrevocable except by subsequent Court Order. They also agree that the Defense Finance and Accounting Service (DFAS)will - make payments directly to the former spouse from the member's disposable retired pay. The parties also understand that cost of living increases (COLAS) can only be made on awards expressed as a percentage.. COLAS cannot be made on awards expressed as a specific amount. Member— ODNE LEATHERY rdfirier Spouse—MARILYN LEATHERY Member's SSN 187—52—0327 ,�i COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this day of December, 2013, RODNEY L. LEATHERY, known to me (or satisfactorily proven by driver's license, government or military ID)to be the person whose name is subscribed to the within agreement,,and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my ha and official seal. NOTARIAL SEAL HAROLD S IRWIN III Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY N ry UbI1C My Commission Expires Feb 6, 2015 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this day-of December, 2013, MARILYN LEATHERY, known to me (or satisfactorily proven by driver's license, government, or military ID) to be the person whose name is subscribed to the within agreement, and acknowledged that she executed-the same for the purposes therein contained. IN WITNESS.WHEREOF, I have hereunto set my hand and official seal. 1 Notary Public COMMONWEALTH OF PENNSYI.VA A Notarial Seal Susan K Guyer,Notary Pabk Carlisle 80%Cumberland County My camn*sion Expires Sept 4,2W MEMBER,PENNSYLVANIA ASSOCIATION OF NOTAFM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION MARILYN LEATHERY Plaintiff vs. '' RODNEY L. LEATHERY Defendant File No. 2007 - 5745 NOTICE TO RESUME PRIOR SURNAME IN DIVORCE t-' `r rn -, PI rn —z ,r .-< A rt._ ., CCci Notice is hereby given that the Plaintiff / Defendant in the above matter, (select one by marking "X"). -.y t prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated 12/03/2013 , hereby elects to resume the prior surname of SMITH , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. § 704. Date: MAY , 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ignature Signature o name being resumed On the (% /4 day of MAY 2014 before me, the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed 'to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and%%t(orNotary ' I seal. ' k ��S'i IC P /3 Prothonotary, Cumberland County, Carlisle, PA R.4-1 36 61 % S My Commission Expires the First Monday of Jan:2018