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HomeMy WebLinkAbout04-26240. MARIANNE K. LEONHARD Plaintiff vs. BRIAN K. LEONHARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?)? -tL? CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One 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. 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 (717) 249-3166 MARIANNE K. LEONHARD Plaintiff vs BRIAN K. LEONHARD Defendant IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0W -,26 Z Y CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE DIVORCE UNDER SECTION 3301(A), (C) or (D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Marianne K. Leonhard, by and through her attorney, Mark K. Emery, Esquire, and files the following Complaint in Divorce and in support thereof avers as follows; 1 2 3 Plaintiff is Marianne K. Leonhard, an adult individual who currently resides at 913 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Defendant is Brian Keith Leonhard, an adult individual who currently resides, upon information and belief, at the Indiantown Gap Army Barracks. Plaintiff has been a bona fide resident 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 married on November 11, 1989, in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so advised Plaintiff waives that right. 8. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301 (A), 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301 (A), 3301(C) or 3301(D) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 9. Paragraphs one through eight of the Complaint are incorporated by reference as if fully set forth herein. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 11. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. COUNT II ALIMONY 12. Paragraphs one through eleven of the Complaint are incorporated by reference as if fully set forth herein. 13. Plaintiff lacks sufficient property to provide for her reasonable needs. 14. Plaintiff is unable to sufficiently support herself through appropriate employment. 15. Defendant has committed adultery 16. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. DATE: - 0` Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquires Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff VERIFICATION I, Marianne K. Leonhard, hereby verify that I have read the foregoing Complaint and that the information contained therein is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. kC4?lam Marianne it Leonhard DATE: & -7-Oy ??? ?? ,.-, '"? ?? S?-s ? ?' ? ? ?? -J ? ?? s ;s ?--? .r. MARIANNE K. LEONHARD IN THE COURT. OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-2624 CIVIL ACTION - LAW BRIAN K. LEONHARD Defendant IN DIVORCE AFFIDAVIT OF SERVICE 1, Paul Kennedy, do hereby swear and affirm I served the Complaint in Divorce upon Defendant Brian K. Leonhard by personal, in-hand service. Service was made as follows: Date: SV NE ?-7 Time: u 36 Am GoQ Paul Kennedy DATE: M1? ? . y } ..i., •t.,r ?..?? SIT. _ = _- N ? ? T)(T 'n?i ... ?• _ ?.: ?1 L7C 5 i .Y Y. (l n'l - n> T MARIANNE IL LEONHARD; Plaintiff/Respondent BRIAN K. LEONHARD, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 2624 CIVIL TERM IN CUSTODY PETITION FOR CUSTODY NOW comes the petitioner, BRIAN K. LEONHARD, by his attorney, Harold S. Irwin, III, Esquire, and presents the following petition for custody, representing as follows: 1. The petitioner is BRIAN K. LEONHARD, an adult individual having a mailing address of 606 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is MARIANNE K. LEONHARD, an adult individual residing at 48 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the parents of a minor child, namely AMANDA JOAN LEONHARD, bom April 28, 1990, age 14. 4. The child resided with both parties from the time of her birth through the parties' physical separation. After separation, the child resided with the respondent at the marital home located at 913 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 until on or about December 13, 2004 when the child and respondent moved to 48 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. Since the parties' separation, respondent has permitted very little contact between the petitioner and the child, even by telephone. 5. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Petitioner believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that respondent have primary physical custody and that petitioner have specified periods of temporary custody and visitation with the child in accordance with a schedule which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, petitioner requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. C January 2005 HAROLD S. IRWIN, III Attorney for petitioner 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition 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. January 2005 6J> BRI K. LEONHARD i ZP-3 W r? N W 0 7l ;nom 171 .-1 c7 F? -) MARIANNE K. LEONHARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN K. LEONHARD DEFENDANT 04-2624 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 19, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February. 18, 2005 at 10:30 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. All children age five or older may also be present at the conference. 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/ Hubert X. Gilroy Esq. w? Custody Conciliator 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 ??? ? ? ,? ? , , y FEB t ?, X)V iff'' MARIANNE K- LEONARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN K LEONARD, NO. 2004-2624 Defendant IN CUSTODY COURT ORDER AND NOW, this G<i'? day of February, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The Father, Brian K. Leonard, and the Mother, Marianne K. Leonard, shall enjoy shared legal custody of Amanda Joan Leonard, born April 28, 1990. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: a. On every Sunday, the first two weeks being from noon until 6 p.m. and thereafter from 9 a.m. until 6 p.m. Father shall handle transportation for exchange of custody. b. At such other time as the parties may agree. 4. Counsel for the parties shall conduct a telephone conference call with the Custody Conciliator on April 11, 2005, at 8 a.m. At that conference, the current custody situation will be reviewed. In the event things have been going well, it is anticipated that Father's periods of custody shall be expanded. However, in the event there are problems, neither party is eliminating their ability to advance a different argument before the Conciliator or before the Court if there is a hearing. 5. Father will remain involved in the counseling sessions for the minor child and Father shall endeavor to attend those counseling sessions on a weekly or biweekly basis to ensure that the relationship between the Father and the minor child is addressed. 6. On the Sundays that the Father is enjoying custody with the minor child, Father shall not be under the influence of alcohol. However, this provision may be modified once Father's periods of temporary custody are expanded. 7. Father shall enjoy liberal telephone contact with the minor child when the child is in the Mother's custody. BY THE COURT, cc: a K. Emery, Esquire rold S. Irwin, III, Esquire J C)T MARIANNE K LEONARD, Plaintiff v BRIAN K LEONARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-2624 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 2. 3. DATE The pertinent information pertaining to the child who is the subject of this litigation is as follows: Amanda J. Leonard, born April 28, 1990. A Conciliation Conference was held on February 18, 2005, with the following individuals in attendance: The Mother, Marianne K. Leonard, with her counsel, Mark K. Emery, Esquire, and the Father, Brian K. Leonard, with his counsel, Harold S. Irwin, III, Esquire. The parties agree to the entry of an Order in the form as attached. .;?, /- 0'S' V)4 - Hubert X. Gilroy, E Custody Conciliator RECEIVED APR 12 2005 ?I I MARIANNE IC LEONARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BRIAN K LEONARD, NO. 2004-2624 Defendant IN CUSTODY COURT ORDER r AND NOW, this day of April, 2005, the Conciliator being advised by the attorneys for the parties that the parties are working matters out between themselves and that there is no need for any further involvement of the Conciliator, the Conciliator relinquishes jurisdiction. cF ((- d3' DATE OF TEE IF r' 2005 A' 13 A;il e 3' HAROLD S. IRWIN, III, ESQ ATTORNEY ID NO. 29920 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 24348090 ATTORNEY FOR DEFENDANT MARIANNE K. LEONHARD, Plaintiff V. BRIAN K. LEONHARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW NO. 2004 - 2624 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Daniel R. Beecher, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment (X) Support (X) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of the master is requested. (2) The plaintiff has appeared in the action by her attorney, Mark Emery, Esquire. (3) The statutory grounds for divorce as stated by plaintiff are Section 3301 (c). (4) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has been reached with respect to the above claims for: N/A (c) The acfion is contested with respect to the following claim(s): ALL (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: Defendant has responded to plaintiff's discovery requests, but has received no discovery responses from plai i f, who inists that defendant's responses were incomplete and will not provide anything to defendant at thigne. JUNE 8, 2005 HAROLD S. IRWIN, Attorney for Defen( ORDER APPOINTING MASTER NOW, this , day of , 2005, E. ROBERT ELICKER, II, ESQUIRE, is appointed master with respect to the following claims: By the Court, J. r> g a ?a v C-- _. .ar; - o G) `rX7 HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2436090 ATTORNEY FOR DEFENDANT MARIANNE K. LEONHARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN K. LEONHARD, Defendant CIVIL ACTION - LAW NO. 2004 - 2624 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Daniel R. Beecher, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment (X) Support (X) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of the master is requested. (2) The plaintiff has appeared in the action by her attorney, Mark Emery, Esquire. (3) The statutory grounds for divorce as stated by plaintiff are Section 3341 (c). (4) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has been reached with respect to the above claims for: WA (c) The action is contested with respect to the following claim(s): ALL (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: Defendant has responded to plaintiffs discovery requests, but has received no discovery responses from plailiff, who inists that defendants responses were incomplete and will not provide anything to defendant at this e. JUNE 8, 2005 HAROLD S. IRWIN, Attorney for Defenc ORDER APPOINTING MASTER NOW, this 3 day of 2005, E. ROBERT ELICKER, 11, ESOUIRE, is appointed master with respect to the following claims: 0 `'d J By the Cou J. 4 / Q d ag ?t K o 0 y 'L7 ? t c- pL N ? m ` -a O iv MARIANNE K. LEONHARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2624 CIVIL TERM BRIAN K. LEONHARD, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance in the above captioned matter on behalf of the Defendant, Brian K. Leonhard. Michael 1. Pyleosli, Esquire Law Office of Darrell C. Dethlefs Attorney Id. No. 58851 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 '= r? - u i mr; ar C5 0 r l MARIANNE K. LEONHARD, Plaintiff VS. BRIAN K. LEONHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 2624 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of Aolt?? , 2008, the economic claims raised in the proceedings having been resolved in accordance with a matrimonial settlement agreement dated August 15, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: ?4 chael J. Pykosh Attorney for Plaintiff Xrk K. Emery Attorney for Defendant' BY THE COURT, r 00 1 MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 1? day of August, 2008, by and between Marianne K. Leonhard of Mechanicsburg, Cumberland County, Pennsylvania ("Wife"), and Brian K. Leonhard of Harrisburg, Dauphin County, Pennsylvania ("Husband") A. The parties hereto, being Husband and Wife, were lawfully married on November 11, 1989. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 2004-2624. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. In particular, the parties, within 10 days of the date of the Agreement, will execute and deliver to Wife's counsel all documents necessary to obtain a final divorce decree. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2 3. Equitable Distribution. In order to effectuate the equitable distribution of marital assets, Husband shall pay, transfer and assign to Wife assets in the amount of One Hundred and Sixty Thousand and 00/100 ($160,000.00) dollars, in the following manner: (a) The parties joint and personal accounts held at Merrill Lynch shall become the sole and exclusive property of Wife. Said accounts, by illustration but not limitation, are: CMA account 872-515091872-53752, Retirement Acct. 872-81931, IRA Acct. No. 872-81783, IRA Acct. No. 872-81784. Husband shall timely execute all documents necessary to effectuate such transfer. By further way of illustration, but not limitation, it is believed that such accounts, as of June. 27, 2008, are valued at 59,268.00, based upon information provided by Husband's counsel. Wife shall make timely efforts to transfer the Merrill Lynch accounts into solely here name alone. In the event at the time of such transfer the total Merrill Lynch account value is greater then or less then $59,268.00, the payment due under Paragraph 3(c) herein shall be adjusted upward or downwards so as to make the total payments made hereunder equal $160,000.00. (b) Upon being provided notice of Wife's execution of this Agreement, and no later than five (5) days thereafter, Husband shall make a cash payment to Wife in the amount of Fifty Thousand and 00/100 ($50,000.00) dollars. (c) By no later than November 30, 2008, Husband shall pay all amounts remaining to Wife through a cash payment. In the event Husband fails to make such 3 payment when due, Husband shall be liable for interest on the unpaid monies at a rate of six percent (6.0%) per annum. 4. Personal Property, Husband and Wife acknowledge that, other than that set forth herein, they currently have in their possession all of their separate and distinct personal property. 5. Debts and Obligations. (a) Individual debtskAftati_km. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obligates. The parties confirm and agree that, to the best of their, knowledge and understanding, there exists no joint marital debt. 6. Legal_ Ee a. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 7. Automobiles. Upon execution hereof, the parties agree that the 2003 KIA Sorrento shall become the sole free and clear property of Wife, and that Wife 4 shall insure and assume all liability therefor except as otherwise set forth herein. Wife shall pay off any remaining liens held against the vehicle if in joint names within thirty (30) days of receipt of the first cash installment as provided under Section 3 of this Agreement. Husband waives any right, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. The parties do not jointly own any other vehicles. 8. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 9. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 5 10. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate,. all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 11. Pension/IRA/401K/Retirement Benefits. Husband is the owner of certain pension plans and/or retirement accounts and/or employee stock or savings plans, which he has accumulated during the course of his past and/or present employment. It is specifically agreed that, upon Husband making all payments and fulfilling all conditions set forth in Paragraph 3 hereunder, Wife shall thereafter forever relinquish to Husband, her right, title, and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits of Husband. To evidence such relinquishment, upon the full satisfaction by Husband of all terms of this Agreement, Wife shall execute a waiver of 6 all such claims, in the form attached hereto as Exhibit "A". Specifically included herein are all benefits to which Husband is entitled through his employment with the Commonwealth of Pennsylvania, the Pennsylvania National Guard and the United States Department of Defense, including but not limited to, his pension(s), THRIFT Savings Plan and deferred compensation plans. The parties agree to execute any and documentation necessary to effectuate the terms herein contained. 12. Tax Return. Each party shall be solely liable for any tax liability from 2004 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2003 and thereafter. As to all tax years prior to 2003, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including 7 reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 13. M .di .al/H .alth Ins gran . Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 14. Entire Agreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 15. Legally Bid. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 16. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located 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. Each party further represents and warrants that there are no undisclosed debts or obligations for which the 8 other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 17. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 18. Agreement Voluntary and Clearly Understood. 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 or, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 9 19. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 20. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 21. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 22. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. [signatures to follow] 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WITNESS- k- AA )"G 6% WIFE: Marianne K. Leonhard HUSBAND: 4 Br n K. Leonhard 11 COMMONWEALTH OF PENNSYLVANIA •? ? ? : SS.: COUNTY OF -?-? On this, the day of U - , 2008, a Notary Public, the undersigned officer, personally appeared Marian a K. Leonhard, 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 purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTINA L. KEIM, Notary Public City of Harrisburg, Dauphin County My Commission Expires May 1, 2012 COMMONWEALTH OF PENNSYLVANIA ua?? V Lr"" Notary Public My Commission Expires: 5 It 1,-) 01 a (SEAL) SS.: COUNTY OF Corn I ev,lQ n On this, the \ 2? day of kc?U-6, 2008, a Notary Public, the undersigned officer, personally appeared Brian K. Leonhard, 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 purposes herein contained. IN WITNESS WHEREOF, COMMUNWEALI-11 OF PENNSYLVANIA Notarial Seal Michael J. PyKosh, Notary Public Camp Hill Bore,. Cumberland County My Commisslo, expires Mar. 27, 2010 hereunto set my hand a official seal. Notary P lic My Commission Expires: (SEAL) gflpmnq? !gyp,}nc•.q:,q,?;? v ; oriation of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARIANNE K. LEONHARD, Plaintiff NO. 04-2624 VERSUS BRIAN K. LEONHARD, Defendant DECREE IN DIVORCE AND NOW, 17 2008 IT IS ORDERED AND DECREED THAT Marianne K. Leonhard AND Brian K. Leonhard ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAT NTI FF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. All claims resolved under the parties' Marital Settlement Agreement, of Au merged into this Divorce DA 8, incorporated but not ATT J. PROTHONO Y wy? Ov 0 ?,;a 5/ .,? rm 47? fiv-- --7 44P "kv ?,,w - -3 / ? MARIANNE K. LEON-HARD IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-2624 BRIAN K. LEONHARD CIVIL ACTION -LAW Defendant IN DIVORCE PLAINTIFF MARIANNE IC LEONHARD'S MOTION TO ENFORCE MATRIMONIAL SETTLEMENT AGREEMENT AND REQUEST FOR COUNSEL FEES AND COSTS AND NOW, comes Plaintiff, Marianne K. Leonhard, by and through her counsel, Mark K. Emery, Esquire, and files this Motion to Enforce Matrimonial Settlement Agreement and Request for Counsel Fees and Costs, as follows: 1. The parties hereto Marian K. Leonhard ("Wife") and Brian K. Leonhard ("Husband") were married on November 11, 1989. 2. Wife filed a Complaint in Divorce on June 10, 2004. 3. On August 15, 2008, the parties resolved all issues under the Divorce Complaint through a Matrimonial Settlement Agreement ("Agreement"), which was incorporated, but not merged, into the Divorce Decree. Said Agreement is attached hereto and incorporated fully herein as Exhibit "A". 4. A Decree in Divorce was subsequently issued by the Honorable Edward E. Guido on September 17, 2008.. 5. Pursuant to paragraph 3 of the Agreement, addressing equitable distribution, "Husband shall pay, transfer and assign to Wife assets in the amount of One Hundred and Sixty 1 Thousand and 00/100 ($160,000.00) dollars." 6. Pursuant to paragraph 3(a) through (c) of the Agreement, the manner in which such assets were to be transferred was as follows: a. $50,000.00 cash, no later than five (5) days after the execution of the Agreement; b. Transfer of specified joint and personal accounts held at Merrill Lynch. Said accounts were valued as of June 27, 2008 based upon information provided by Husband, at $59,268.00. The value of such funds would be calculated as of the date the accounts were transferred into Wife's individual name; C. The remainder of all funds due after the deductions for the $50,000.00 in cash payment and value of the Merrill Lynch accounts transferred was to be paid, in cash, by Husband, by no later than November 30, 2008. 7. Payments by Husband have been made as follows: a. $50,000.00 in cash on September 5, 2009; b. $50,735.00 in cash made on November 26, 2009; C. Transfer of $23,259.73 from the joint and/or individual Merrill Lynch accounts to Wife alone on or about October 7, 2008. d. Transfer of $20,225.73 from a joint Merrill Lynch account on March 24, 2009. 8. As set forth above, the total amount of assets transferred from Husband to Wife as of the date of filing this motion is $144,220.46. 9. Based upon the clear and specific terms of paragraph 3 of the Agreement, Husband is required to pay an additional $15,779.54. 10. As set forth in paragraph 3 of the Agreement, all funds due to Wife were to be paid by no 2 w later than November 30, 2008. 11. Wife took all required and appropriate steps to ensure the transfer of the Merrill Lynch accounts into her name alone occurred in due course. 12. Husband consistently inhibited the ability of Merrill Lynch to transfer the accounts into Wife's individual name. 13. Wife was advised on numerous occasions by Merrill Lynch representatives that Husband had refused to execute the appropriate documentation to have the accounts transferred to Wife's name alone. 14. Any devaluation in the Merrill Lynch accounts from the date of the Agreement to the date of transfer, particularly those incurred due to the dilatory conduct of Husband, in no way vitiate the responsibility of Husband to make payment in full of $160,000.00. 15. On April 6, 2009 Husband counsel was provided the specific breakdown of the amounts transferred and the remaining amount due Wife. A copy of such letter is attached and incorporated fully herein as Exhibit "B". 16. All such information was fully available to Husband through Merrill Lynch had Husband taken the efforts to determine what had been transferred, and therefore what would still be due Wife. 17. Despite repeated requests for payment of the final amount due, Husband has failed and refused to make such payments to Wife. 18. Pursuant to paragraph 3(c) of the Agreement, all funds not paid by November 30, 2008 shall incur in interest at the rate of six (6%) percent per annum. 19. Pursuant to the Agreement interest on $15,779.54, calculated at six (6%) percent per annum from November 30, 2008 to July 1, 2009 the date of this filing is $552.28. 20. Pursuant to paragraph 17 of the Agreement, in the event a party defaults under the Agreement and legal proceedings are commenced to enforce such obligations, the party found to be in default shall be liable for all expenses, including reasonable attorney fees. 21. Attorney's fees incurred as of up to the filing of this motion are $504.00, such amount to continue to increase as the matter moves forward. WHEREFORE, Plaintiff, Marianne K. Leonhard, respectfully requests this Honorable Court enter a judgment for her and against Defendant in the amount of $15,779.54 plus interest accruing at six (6%) percent per annum to the date of judgment, and further award all costs and attorneys fees incurred as a result of Defendant's default under the Matrimonial Settlement Agreement. It is further requested that Defendant be ordered to pay all such amounts within fifteen (15) days of the date of the Court's Order, or be found in contempt of Court and be subject to such further sanctions as the Court deems appropriate. Respectfully submitted, LAW OFFICES OF MARK K. EMERY l By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: July 2, 2009 4 MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this )'? day of August, 2008, by and between Marianne K. Leonhard of Mechanicsburg, Cumberland County, Pennsylvania ("Wife"), and Brian K. Leonhard of Harrisburg, Dauphin County, Pennsylvania ("Husband") A. The parties hereto, being Husband and Wife, were lawfully married on November 11, 1989. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the , PLAN"" Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 2004-2624 The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. In particular, the parties, within 10 days of the date of the Agreement, will execute and deliver to Wife's counsel all documents necessary to obtain a final divorce decree. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2 3. Fguitable Distribution. In order to effectuate the equitable distribution of marital assets, Husband shall pay, transfer and assign to Wife assets in the amount of One Hundred and Sixty Thousand and 00/100 ($160,000.00) dollars, in the following manner: (a) The parties joint and personal accounts held at Merrill Lynch shall become the sole and exclusive property of Wife. Said accounts, by illustration but not limitation, are: CMA account 872-51509/872-53752, Retirement Acct. 872-81931, IRA Acct. No. 872-81783, IRA Acct. No. 872-81784. Husband shall timely execute all documents necessary to effectuate such transfer. By further way of illustration, but not limitation, it is believed that such accounts, as of June 27, 2008, are valued at 59;268.00,: based upon information provided by Husband's counsel. Wife shall make timely efforts to transfer the Merrill Lynch accounts into solely here name alone. In the event at the time of such transfer the total Merrill Lynch account value is greater then or less then $59,268.00, the payment due under Paragraph 3(c) herein shall be adjusted upward or downwards so as to make the total payments made hereunder equal $160,000.00. (b) Upon being provided notice of Wife's execution of this Agreement, and no later than five (5) days thereafter, Husband shall make a cash payment to Wife in the amount of Fifty Thousand and 00/100 ($50,000.00) dollars. (c) By no later than November 30, 2008, Husband shall pay all amounts remaining to Wife through a cash payment. In the event Husband fails to make such 3 payment when due, Husband shall be liable for interest on the unpaid monies at a rate of six percent (6.0%) per annum. 4. Personal Property. Husband and Wife acknowledge that, other than that set forth herein, they currently have in their possession all of their separate and distinct personal property. 5. Debts and Obli tg ions. (a) Individual debts/obligations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obligations. The parties confirm and agree that, to the best of their knowledge and understanding, there exists no joint marital debt. 6. Legal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 7. Automobiles. Upon execution hereof, the parties agree that the 2003 KIA Sorrento shall become the sole free and clear property of Wife, and that Wife 4 shall insure and assume all liability therefor except as otherwise set forth herein. Wife shall pay off any remaining liens held against the vehicle if in joint names within thirty (30) days of receipt of the first cash installment as provided under Section 3 of this Agreement. Husband waives any right, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. The parties do not jointly own any other vehicles. 8. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 9. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 5 10. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 11. Pension/IRA/401K/Retirement Benefits. Husband is the owner of certain pension plans and/or retirement accounts and/or employee stock or savings plans, which he has accumulated during the course of his past and/or present employment. It is specifically agreed that, upon Husband making all payments and fulfilling all conditions set forth in Paragraph 3 hereunder, Wife shall thereafter forever relinquish to Husband, her right, title, and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits of Husband. To evidence such relinquishment, upon the full satisfaction by Husband of all terms of this Agreement, Wife shall execute a waiver of 6 all such claims, in the form attached hereto as Exhibit "A". Specifically included herein are all benefits to which Husband is entitled through his employment with the Commonwealth of Pennsylvania, the Pennsylvania National Guard and the United States Department of Defense, including but not limited to, his pension(s), THRIFT Savings Plan and deferred compensation plans. The parties agree to execute any and documentation necessary to effectuate the terms herein contained. 12. Tax Return. Each party shall be solely liable for any tax liability from 2004 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2003 and thereafter. As to all tax years prior to 2003, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including 7 19. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 20. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 21. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 22. v rability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. [signatures to follow] 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WITNESS: IZ IAu& 6 WIFE: Marianne K. Leonhard HUSBAND: \4LLo Bri n K. Leonhard 11 LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Mark K. Emery, Esquire Fax (717) 238-9884 e-mail mark@markemerylaw.com April 6, 2009 Michael J. Pykosh, Esquire LAW OFFICE OF DARRELL C. DETHLEFS 2132 Market Street Camp Hill, PA 17011 RE: Leonhard v. Leonhard Dear Mike: I have finally received relevant documentation from Merrill Lynch, which is included herein. It is my understanding that three of the accounts were transferred to Marianne on or about October 7, 2008. Since Merrill Lynch could not provide me a specific date of transfer value, I had them provide me copies of the closest statement date available, that being the end of September statement. As you will see from those statements, the values were: 1. Acct. # 872-81931 (Brian's Retirement) $20,170.86 2. Acct. #872-81783 (Brian's IRA) 2,105.24 3. Acct. #872-81784 (Marianne's IRA) 983.63 The remaining account was the CMA/Annuity account recently transferred. I enclose the transfer notice of March 24, 2009, showing Marianne was issued a check in the amount of $20,225.73. The total then of what was transferred to Marianne is $43,485.46. Prior payments totaled $100,735.00, making a grand total of payments made of $144,220.46. Therefore, there is a deficiency of $15,779.54, which Brian must now pay to Marianne. Upon your review, please contact me so that we may discuss the payment of the remainder due to Marianne. Very truly yours, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery MKE/vh Enclosures .AINTV ' EXHWff a O CERTIFICATE OF SERVICE AND NOW, this 2°a day of July, 2009, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Motion to Enforce Matrimonial Settlement Agreement and Request for Counsel Fees and Costs by mailing a true and correct copy via United States first class mail, addressed as follows: Michael J. Pykosh, Esquire LAW OFFICE OF DARRELL C. DETHLEFS 2132 Market Street Camp Hill, PA 17011 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery O ,400 2ru ini Q, J L _6 F ' i I 2 u A MARIANNE K. LEONHARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN K. LEONHARD NO. 2004 - 2624 CIVIL TERM ORDER OF COURT AND NOW, this 7TH day of JULY, 2009, a Rule is issued upon the Defendant to Show Cause why the Plaintiff's Petition to Enforce the Marital Settlement Agreement should not be granted. Rule returnable FRIDAY, AUGUST 14, 2009, at 9:30 a.m. in Courtroom # 3. Edward E. Guido, J. ?Mark K. Emery, Esquire ?Michael J. Pykosh, Esquire :sld 1'e"?7 rn.tt I'Lr-L p 7 g?o 9 "i?l Al -OI r„CP _ OF THE 2009 JUL -8 AM I i : ! 5 J'i MARIANNE K. LEONHARD Plaintiff VS. BRIAN K. LEONHARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2624 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW MOTION TO THE PROTHONOTARY: Please mark Plaintiff Marianne K. Leonhard's Motion to Enforce Matrimonial Settlement Agreement and Request for Counsel Fees and Costs as withdrawn. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark k. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: August 12, 2009 CERTIFICATE OF SERVICE AND NOW, this 12th day of August, 2009, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Praecipe to Withdraw Motion by mailing a true and correct copy via United States first class mail, addressed as follows: Michael J. Pykosh, Esquire LAW OFFICE OF DARRELL C. DETHLEFS 2132 Market Street Camp Hill, PA 17011 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery )'WiCE OF 'tA PROTH ?F TAFN 2M AUG 14 PM 20. 52 pa MARIANNE K. LEONHARD, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2004-2624 BRIAN K. LEONHARD, Defendant : CIVIL ACTION : IN DIVORCE ADDENDUM TO MATRIMONIAL SETTLEMENT AGREEMENT AND NOW, this / q - day of A 5 f , 2009, by and between Marianne K. Leonhard of Mechanicsburg, Cumberland County, Pennsylvania ("Wife"), and Brian K. Leonhard of Harrisburg, Dauphin County, Pennsylvania ("Husband") WHEREAS, The parties hereto, formerly being Husband and Wife, entered into a Matrimonial Settlement Agreement on August 15, 2008. WHEREAS, Pursuant to Section 3 of the Matrimonial Settlement Agreement, Husband has paid Wife the balance of the equitable distribution payment. WHEREAS, the parties, in accordance with Section 11 of the Matrimonial Settlement Agreement, Wife shall waive her right, title, and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits of Husband. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: Wife shall hereafter forever relinquish to Husband, her right, title, and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits of Husband. Specifically included herein are all benefits to which Husband is entitled through his employment with the Commonwealth of Pennsylvania, the Pennsylvania IV ' National Guard and the United States Department of Defense, including but not limited to, his pension(s), THRIFT Savings Plan and deferred compensation plans. WITNESS: WIFE: /? !4 Marianne K. Leonhard WITNESS: HUSBAND: Asp rian K. Leonh OF THE -I Y 2054 AUG 2G i'?? 2: 513 GUS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Marianne K. Leonhard Plaintiff Vs File No. 04-2624 IN DIVORCE Brian K. Leonhard Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated 9 / 17 / 0 8 , hereby elects to resume the prior surname of Acri , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S./704. Date:re? -09 k. 4.zrx -i' Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF 04,4 4. ? ) --r On the a 3 day of 200_t, before me, the Prothonotary or the 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 hereunto set my hand and official seal. Prothonotary or Notary Public COMMONWEALTH OF PENNSYLVAM NOTARIAL SEAL MARK K. EMERY, Notary Public City of Harrisburg, Dauphin County My Commission Expires Jan. 10, 2011 F1 C.4. L I f,r PRO' 2009 SEP 2L, Pt'' i : ?' oo P 'L All? eK4' asst ? a3 ro?z?