Loading...
HomeMy WebLinkAbout09-0472MARK S. LEIB, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE KRISTINE A. LEIB, Defendant :NO. 6 7 - L (7 oZ C / f 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 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 MARK S. LEIB, V. :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE A. LEIB, Defendant :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY NO. Q 9- yy.z cl?r? COMPLAINT AND NOW comes the Plaintiff, Mark S. Leib, who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Charles 0. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which he avers that: 1. Plaintiff, Mark S. Leib, is an adult individual residing at 500 8th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant, Kristine A. Leib, is an adult individual residing at 142 15th Street, Apt. "Q", New Cumberland, Cumberland County, Pennsylvania 17070. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on May 15, 1992. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Mark S. Leib, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 2 WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Mark S. Leib, respectfully requests the Court to divide all marital property equitably between the parties. COUNT IV REQUEST FOR CUSTODY, PARTIAL CUSTODY, AND/OR VISITATION UNDER SECTION 5303 OF THE DIVORCE CODE 15. Plaintiff seeks primary physical custody of the following children: Name Present Residence Date of Birth Derek E. Leib 500 8th Street 9-22-1995 New Cumberland, PA 17070 Jenelle M. Leib 5008 th Street 12-12-1999 New Cumberland, PA 17070 The children were not born out of wedlock. 16. The children are presently in the custody of Plaintiff who resides at 500 8th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 17. During the past five years, the children have resided with the following persons and at the following addresses: Persons Plaintiff and Defendant Address 500 8th Street New Cumberland, PA 17070 Dates until 1/19/2009 Plaintiff 500 8th Street New Cumberland, PA 17070 1/19/2009 to present 18. The Father of the children is Mark S. Leib, currently residing at 500 8th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 19. The Mother of the children is Kristine A. Leib, currently residing at 142 15th Street, Apt. "Q", New Cumberland, Cumberland County, Pennsylvania 17070. 3 20. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: The parties minor children. 21. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the following persons: Alone. 22. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 23. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 25. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary caretaker of the children since Defendant went back to work part time. 26. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. 4 WHEREFORE, pursuant to 23 Pa.C.S.A. §5303, Plaintiff, Mark S. Leib, respectfully requests the Court to grant him primary physical and joint legal custody of the parties' minor children. DATED: 3 Q of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, S. Charles O. Beckley, v 5 VERIFICATION I, Mark S. Leib, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. DATED: Mark S. Leib - r- rra - Pi CA ?t \ c ? `^ r MARK S. LEIB IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-472 CIVIL ACTION LAW KRISTINE A. LEIB DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 04, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 03, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq 0 Custody Conciliator i The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 4Z =1i?'? S- 9336a4Z MARK S. LEIB, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : :CIVIL ACTION - LAW vs. JN DIVORCE/CUSTODY KRISTINE A. LEIB, :NO. 09-472 Defendant ACCEPTANCE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, hereby accept service of the Divorce and Custody complaint filed in the above-captioned action on behalf of the Defendant, Kristine A. Leib. i' DATED: February 5, 2009 Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 P,2 C= I T7 r -n -- t ni,:;, rat M m \yW{ '1 MAR 2 0 200 MARK S. LEIB IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-472 CIVIL ACTION LAW KRISTINE A. LEIB Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2_?W day of ^1?4 a2 G(, , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Mark S. Leib, and the Mother, Kristine A. Leib, shall have shared legal custody of Derek E. Leib, born September 22, 1995, and Jenelle M. Leib, born December 12, 1999. Major decisions coAcerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Children on an alternating weekly basis with the exchange to take place each week on Friday after school unless agreed otherwise between the parties. The non-custodial parent shall have a period of custody with the Children on Tuesday from after school, or 4:30 p.m., until 8:30 p.m. 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. Thanksgiving: The Thanksgiving holiday period of custody shall run from Wednesday after school through the Friday after Thanksgiving at 4:00 p.m. The Mother shall have custody of the Children for Thanksgiving in odd-numbered years and the Father shall have custody in even-numbered years. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 26 at 5:00 p.m. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. C. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 9:00 a.m. through New Year's Day at 1:00 p.m., and Segment B, which shall run from New Year's Day at 1:00 p.m. through January 2, at 5:00 p.m. In odd-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Eve. D. Easter: The Easter holiday shall be divided into Segment A, which shall run from Saturday at 8:00 p.m. through Easter Sunday at 2:00 p.m. and Segment B, which shall run from Easter Sunday at 2:00 p.m. through Monday at 4:00 p.m., or at the beginning of school, if there is school on that day. In odd-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. E. Memorial Day/Labor Day: The Memorial Day and Labor Day holidays shall run from Friday after school or 4:30 p.m. through Monday at 8:00 p.m. In odd-numbered years, the Father shall have custody of the Children for Memorial Day and the Mother shall have custody for Labor Day. In even-numbered years, the Mother shall have custody of the Children for Memorial Day and the Father shall have custody for Labor Day. F. Independence Day: The Independence Day holiday shall run from 9:00 a.m. until after the fireworks on the holiday. The Mother shall have custody of the Children for Independence Day in odd-numbered years and the Father shall have custody in even-numbered years. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parents' Birthdays: In every year, each parent shall have a period of custody with the Children on that parent's birthday with the specific times to be arranged by agreement between the parties. 1. Children's Birthdays: The non-custodial parent shall be entitled to have at least a two-hour period of custody with the Child on his or her birthday each year, with the specific times to be arranged by agreement. J. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation schedule. 4. Each parent shall be entitled to have custody of the Children for vacation each year for up to two (2) uninterrupted 10-day periods, which shall be scheduled to include that parent's regular weekly period of custody, so that each parent would be entitled to interrupt the other parent's regular weekend period of custody two (2) times each year. Each party shall provide the other with at least thirty (30) days advance notice in writing, including email, of his or her vacation dates. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Each party shall provide the other with advance notice of contact information for the Children during the period of vacation custody. 5. The parties acknowledge that it is their intention to ensure that the Children are in the care of one of the parents as much as possible, including when the custodial parent is unavailable for a period of time. Therefore, the parties agree that in the event the custodial parent is unavailable, due to a business trip or other circumstance, to provide care for the Children for an overnight period or any significant period of unavailability, that parent shall first offer the other parent the opportunity to provide care for the Children before contacting a third party caregiver. The parties shall cooperate in adjusting the custodial arrangements when necessary in the event the Children are off school and the custodial parent is unavailable to provide care for them due to work or otherwise. 6. The parties shall engage in a course of therapeutic family counseling for the purpose of addressing any conflicts within the family to promote the Children's emotional well-being and establishing sufficient communication and cooperation to enable the parents to effectively co-parent the Children. The parties shall select the counselor by agreement and both parties shall share any costs of counseling which are not covered by insurance. 7. The parties agree that the Children shall remain enrolled in the West Shore School District so long as either parent continues to reside there. 8. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Children. The parties shall cooperate in making any calls to the Children during the timeframe identified by the custodial parent as preferable. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 11. The custody Complaint filed by the Mother at docket number 2009-492 is hereby consolidated into the action previously filed by the Father at docket number 2009-472. BY THE COURT, C?? a cc: „Elizabeth S. Beckley, Esquire - Counsel for Father .Parbara Sumple-Sullivan, Esquire - Counsel for Mother J i ?V! 110 f `I ,'l11 ?y 5? ??? U?ttlG Z;o MARK S. LEIB IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. KRISTINE A. LEIB Defendant 2009-472 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Derek E. Leib September 22, 1995 Father/Mother Jenelle M. Leib December 12, 1999 Father/Mother 2. A custody conciliation conference was held on March 13, 2009, with the following individuals in attendance: the Father, Mark S. Leib, with his counsel, Elizabeth S. Beckley, Esquire, and the Mother, Kristine A. Leib, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 4. The parties agree that both Complaints for Custody which were filed in this matter should be consolidated under the caption above at docket number 2009-472. 17, ago , T9 Date Dawn S. Sunday, Esquire Custody Conciliator L Mark S. Leib IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ~.1 ~ NO. 09-472 ~ ~' ~~ --~ ~~3 ~ ~ CIVIL ACTION -LAW - _ -- Kristine A. Leib, IN DIVORCE - - ''' J ' ' ~_~ Defendant ~: _ -- ~; " -- _- `.. ~~: w-_ 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. Grounds for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the original Complaint: Service of the original Complaint in Divorce was made on 1/30/09. Acceptance of Service was filed on 2/5/09 under No. 09-472. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: 8/17/10 by Plaintiff. By Defendant: 8/17/10 .Plaintiffs Affidavit was filed with the Prothonotary on 8/17/10 .Defendant's Affidavit was filed with the Prothonotary on 8/17/10 4. There are no related claims pending. Additionally, the Property Settlement Agreement is incorporated with but not merged into the decree. ~ ,L 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiff's Waiver was executed on 8/17/10 .Defendant's Waiver was executed on 8/17/10 Plaintiff s Waiver was filed with the Prothonotary on 8/17/10 Defendant's Waiver was filed with the Prothonotary on 8/17/10 Respectfully submitted, ~~ 0~-~,7a e.. ~ =` - '~ PROPERTY SETTLEMENT AGREEMENT ,Zoi o Aup !7 QM I ~ 30 t ~ i ~ i t._ ,~ ! J~ I' . i _ w~ ~~~ ~ :~ This is.a~•operty Settlement Agreement entered into this ~ ~ day of V5~ ~; 2010, by and between MARK S. LEIB, of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and KRISTINE A. LEIB, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 15, 1992, and; WHEREAS, two children have been conceived of this marriage: Derek E. Leib whose date of birth is September 22, 1995 and Jenelle M. Leib whose date of birth is December 20, 1999; and WHEREAS, unhappy differences have arisen between Husband and Wife in consequence of which they are now living sepazate and apart from each other; and WHEREAS, Husband and Wife aze now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property rights, including any and all claims which either of them may have against the other. __ _ _ NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally- bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to 1 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. 2. 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 or endeavor to molest the other, nor compel the other to cohabit with the other, or in any way hazass or malign the other, nor in any way interfere with the other's peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the sepazation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and that he shall indemnify .and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by the party which incurred such debt, obligation or liability, unless except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or 2 his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. 6. BANK ACCOUNTS, RETIREMENT ACCOUNTS AND INSURANCE: Husband and Wife are owners of individual savings, checking and pension accounts and insurance at various institutions, and Husband hereby releases all claims in and to all accounts in the name of Wife not specifically mentioned in this agreement, and Wife hereby releases all claims in and to all accounts in the name of Husband not specifically mentioned in this agreement, and each party shall retain as his or her separate property each account currently titled to that party. Husband and Wife agree to sign, upon request and after execution of this Agreement, any titles or any other documents reasonably necessary to give effect to this Section. Husband has a Roth IRA with Janus, account number ending in 6500. Husband's Roth IRA had an approximate balance of $4,751.78 as of Februazy 25, 2010. Husband and Wife agree that Husband will transfer the entire balance in this account into Wife's name alone, Said transfer is to be anon-taxable event. In the event that a Qualified Domestic Relations Order or other similaz document is required to make the transfer to Wife, Wife's counsel will draft any and all documentation necessary documentation for the parties to sign to complete the transfer of this fund. 3 7. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether .arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Husband under this Postnuptial Agreement. 8. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Postnuptial __ _ ___ __ Agreement. 9. MUTUAL INDEMNIFICATION: Each party represents that no debts, liabilities, or obligations have been incurred or contracted for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. Each party hereto shall hereafter keep the other and his or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities 4 contracted for or incurred by or on behalf of the indemnifying party, and against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 10. DIVISION OF REAL PROPERTY: Husband and Wife own jointly the marital residence, situated at 500 8`~ Street, New Cumberland, Cumberland County, Pennsylvania. Husband and Wife agree that Husband will become the sole and exclusive owner of the marital residence. Wife agrees to transfer all right, title and interest in and to the real estate now titled as tenants by the entireties to the Husband upon Husband's refinance of the marital residence into his name alone and agrees to execute all deeds, documents, or papers necessary to effect such transfer of title. Wife further agrees to share equally in all closing costs associated with Husband's refinance. Husband and Wife agree that they will evenly divide any equity in the marital residence as of February 1, 2009. When Husband has the property appraised in conjunction with his refinance, the parties agree to use the current value provided by the appraisal for determining the equity. Once the current value of the property has been determined, the parties will subtract the amount due to the lender as of February 1, 2009 to determine the equity in the property. Once the equity has been determined, the parties will then deduct all of Husband's closing costs in conjunction with the refinance from the agreed upon equity. The parties will then divide the balance of the equity evenly between them and Husband will pay Wife her share of the equity in cash from the proceeds of the refinance of the marital residence. Husband and Wife agree that Husband will have 60 days from the execution date of this agreement to complete the refinance of the marital residence and pay Wife her share of the equity. 5 11. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any items of personal property which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 12. AUTOMOBILES: Husband and Wife agree that Husband shall be the sole and separate owner of the 2007 Nissan X-terra and Wife shall become the sole and separate owner of the 2001 Ford Escape. Husband and Wife agree to assume all responsibility for any outstanding debt balance owed on his or her respective vehicle, indemnifying and holding the other harmless from any financial responsibility arising from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to effectuate the transfer of title to said automobiles. 13. LIFE INSURANCE POLICIES: Husband and Wife agree to waive any and all claims and relinquish all rights and interest they may have in any and all life insurance policies of the other. 14. COUNSEL FEES: Husband and Wife agree that they will be each individually and solely responsible for his or her counsel fees without contribution to the same from the other. 1 S. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, 6 to sue for specific performance, and to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be .responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. DIVORCE DOCUMENTS AND ADDITIONAL INSTRUMENTS: Husband and Wife agree that they will each sign an Affidavit of Consent and a Waiver of Notice at the same time as executing this Agreement. These documents will be given to Husband's counsel so that the parties' divorce can be completed as soon as administratively possible. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: Husband and Wife have had the opportunity to employ counsel of their choice but have chosen not to do so. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and/or with such knowledge as each party desires, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same 7 and being advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties, and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente life, equitable distribution of all marital property, counsel fees and costs of litigation. 18. 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. This Agreement shall be binding upon the parties hereto, and there respective heirs, executors, administrators and assigns. 19. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by both parties with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 21. INCORPORATION: In the event that the parties obtain a divorce, a divorce decree issued by a Court of competent jurisdiction may incorporate the terms of this Agreement, but such incorporation shall not operate as a merger of this Agreement 8 into the divorce decree, and this Agreement shall continue in full force and effect independently of such divorce decree. 22. DATE OF EXECUTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and yeaz first above-written. COMMONWEALTH OF PENNSYLVANIA ) 9 _,...~~...., ......,.b COUNTY OF y o r k On this the ' 6~day of A ~ ~ +~ s-t- 2010, before me, the undersigned officer, personally appeared MARK S. LEIB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~~L~r`v,~~-x.~~- (SEAL) Notary Public My Commission Expires: i'1 q y -~ ~ , ~ o ~ ~ Cp~p~ryyEALTH OF PENNSYLVANIA Notarial Seal Nadine S. Freet, Notary Public Newberry Twp.. York County My Commission ~a pAsy 23, 2013 COMMONWEALTH OF PENNSYLVANIA ) ~n1ie'~ Pe""$Y"811'~' "~`°`~~'°° °f Notanes ~LIVY~ bP~f (ahd ) SS.: COUNTY OF ) On this the ~ ~~ day of J~ Y12, , 2010, before me, the undersigned officer, personally appeared KRISTINE A. LEIB, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto sefmy hand and notarial seal. ~C (SEAL) Notary Pub c My Commission Expires: J ~ (Lf ~ ~~ ~ co~oH~ALTM ~anvAw~- ~oww aan BawAY K INOip~ NMaey Nt!-~o tlOper Alen 7Mip.. Cunrbailal0 ~ Connnisalon 7'Oti Menibar, ) ss.. 10 !~ E 1 [-. i :_.._.. _~ ~~' r solo Atx r79 PM 1:31 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _Mark S. Leib C~~ ,;,,. ~~ , NO. 09-472 Plaintiff v. _Kristine A. Leib , Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 1/30/09 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in 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 and 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. Section 4904, relating to unsworn falsification to authorities. Date: ' ~ ~~U i~ -,-` ~! _. ~o A~ ~~ A~ t ~SI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _Mark S. Leib , Plaintiff v. _Kristine A. Leib , Defendant NO. _09-472 CIVIL ACTION -LAW IN DIVORCE ~,~. 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 understand 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: ~.-17~ VOID ~~I _ ~{ ,~,- aoio ~ ao6i~ PM i:ai IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI~I7A ,., ~ p '' E -._ r ` _ _Mark S. Leib NO. 09-472 Plaintiff v. CIVIL ACTION -LAW _Kristine A. Leib : IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 1 /30/09 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in 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 and 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. Section 4904, relating to unsworn falsification to authorities. Date: '~ ~ ~ - ~~ _ ~IL~'~.. .. ~~ o7Dlo A06 ~'~ PA1 /;8/ 'f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _Mark S. Leib , Plaintiff v. _Kristine A. Leib , Defendant NO. _09-472 CIVIL ACTION -LAW IN DIVORCE ~ I;' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 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 understand 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: ~'- l~ - ((~ C~~