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Home My WebLink About04-3246 , LINDA R LEONARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DAVID J. LEONARD, Defendant : NO, 0'1- 3.2 '/1., : IN DIVORCE CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LINDA R, LEONARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID ], LEONARD, Defendant : NO, 0'1,3;1. YI.,. : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is Linda R. Leonard, an adult individual currently residing at 1007 Forge Road, Carlisle, Cumberland County, Pennsylvania, 2. Defendant is David ], Leonard, an adult individual currently residing at the Western Village Campground, but whose current mailing address is 1007 Forge Road, Carlisle, Cumberland County, Pennsylvania. 3, Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 12, 1996, in Boiling Springs, Cumberland County, Pennsylvania. 5, There have been no other prior actions for divorce or annulment between the parties. 6, Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies, 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling, Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8, Plaintiff and Defendant are citizens of the United States of America. 9, The parties' marriage is irretrievably broken, 10, Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce, WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code, Respectfully submitted, J5:" t:~ ~ '". '. . "",. ~ rian C, Bornman, Esquire Attorney for Plaintiff GRlFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities, DATE: 1/z. I D4 I) d: /1/4 ~ r);d;;R. Leon ~f ~, ,-,' "- <:> " '<\ <:-., " C' ;.;:!-,. J? r~ '" .. .......':) o v, <::' n ~-> t:::. ('j c:; c.:::, ~, .<- , ?=: ::::! ~-rl , rn;=;;;: I -00.:1 @ ;'~~J '....) C') '::jq -'):Ll )~?-A , --:1 (,,0 "" cr, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA R, LEONARD, Plaintiff v, CIVIL ACTION - LAW IN DIVORCE DAVID J. LEONARD, Defendant NO, 04-3246 PRAECIPE To the Prothonotary: Pursuant to Pa, R.C,P, No, 1920.45(c)(1), Defendant requests that the parties in the above- captioned Divorce case participate in counseling, HANFT & KNIGHT, p,c. Date: Av,lIsr 10, 2-Do'1 BY:~- Michael J, Hanft, Esquire Attorney I.D, No, 57976 Sean M, Shultz, Esquire Attorney I.D, No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 F:\User Folder\Firm DocsIGendocs2004\3699-1 prae_counseling_ wpd "" <:''':::;1 t"~::;:) ""- > c:: C'''' () 'TI :.f! ('i'i:::J ro"-' -om :t:;C} CJ ' ~:i~~ s~J~t ;I~ :::'~f.fi ,~~ '~ ~j:':':l ~< a 1);) N \.0 LINDA R LEONARD Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW DAVID J, LEONARD, Defendant : NO, 04-3246 : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE AND NOW, this t1t day of August, 2004, comes Brian C, Bornman, Esquire, counsel of record for Plaintiff, Linda R Leonard, and states that a true and attested copy of a Complaint in Divorce, was sent to Defendant, David J, Leonard, at 1007 Forge Road, Carlisle, P A 17013, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on July 14,2004, ~ r;;;~ Brian C, Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 N USPS - Track & Confirm Page 1 of 1 ir!!I UNITED STI.1TES I!:iiiI6 POSTI.1L SERVfCE~ Track & Confirm ~-- ._----, --..__.~_."~,- Current Status You entered 7000 1530 0002 4694 9646 Track & Confirm Enter label number: Your item was delivered at 2:06 pm on July 14, 2004 in CARLISLE, PA 17013, . ( '!I'~lftD~~.~_ ' Notlf :r IT" ...D :r Postage "A -;-::-- /;;. "O~'\ /,/,":,~r'f JUL-'<:~\?,\ c, ~?Jk\D ,\" 200'4:; en \. """-...-- ",,- 'o' "u'=) '~_"?...:.....:..-. CertIfied Fee ru Return Receipt Fee o (Endorsement Required) C Restricted Delivery Fee o (Endorsement Required) C Total Postage & Fees IT1 LI1 '"" C C C I"- http://trkcnfrm 1. smi, usps. <om 8/2/2004 (") G <7"" ~)t-;,~ ~~.~", Uj d;, -<-. -'I c::c ~~,~3 )>c.: ~ ~ = .J:"' ~ c:: '" o -C :Jt r:-: U tA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. LEONARD, Plaintiff CIVIL ACTION - LAW v. NO. 2004-3246 DAVID J. LEONARD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COUNTY OF CUMBERLAND ) : SS. ) STATE OF PENNSYLVANIA 1. 6, 2004. A Complaint in divorce under Section 330 1 (c) ofthe Divorce Code was filed 0 July Date: L./-~ ,2005 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety day elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice ofint ntion to request entry of the Decree. 4. I have been advised of the availability of marriage counseling and understan may request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand th t false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to u sworn falsification to authorities. ~ Not2ria~ Sea~ ~ Dolly M, Housel, NOt1:Y Public "lrlr -l- ~ ".".... "~!" (":""l:r~ ""',' "'-'"\"",J SOuth,'" 1',1.~dls.oo 1 w.'J., CCH" ,oU.ti 'u" \,.::L, ..; ~Ay C~)!lFn~ssion E):_tjres~ ~;':r:<:. 2!1 ,_,~",,~'_'~'_'_~~_'_~"~~_" ,'",' ,,'_,"_.".eH ._, .u..~.". . l'\:~!:, .>.'....' F:\User Folder\Finn Docs\Gendocs2005\3699-t aff.consent.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA LINDA R. LEONARD, Plaintiff CIVIL ACTION - LAW v. NO. 2004-3246 DAVID J. LEONARD, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) 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, la yer'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 ourt and that a copy of the decree will be sent to me immediately after it is filed with the Prothono ary. I verify that the statements made in this Affidavit are true and correct. I understand that alse statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to uns om falsification to authorities. // - -- Date: ~ --~ -OJ F: \User Folder\Finn Docs\Gendocs2005\3699_1 waiver.notice. wpd - LINDA R. LEONARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DAVID J. LEONARD, Defendant : NO. 04-3246 : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of LINDA R. YOUNG. ,J .~ . Ie; ~. ~EONA ,~/) . /( 2:;{ ~UNG (/ (r COMMONWEALTH OF PENNSYLVANIA COUNTY OF 6.lv)~J..(",J- SS On this~y of iY\.~ _ ,200---5-, before me, the undersigned officer, personally appeared I..I>uiQ '1<< ~eCl'\tV.d , now known as LI,\.cl!Ll{. L)Dl-l~ ' known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /~ t fl-'/ ;..-1 , - ,J)lt::()JM .. ~~ ./ Notary Public NOTARIAL SEAl IlOIl1II J. GOSHORN. NOTARY PUBLIC CARLISLE BORO., CUMBERLANO COUNTY MY COMMISSION EXPIRES APRIL 17 20111 0> c-J '7'0 <:> ~ ') ~ ~ --~ ,:.__:l C7"" _. ~ ~;'. ~ ~ --- ~ :=:. ",,\ ~- '-J ~." ~') ~-~_....,._.-,- LINDA R. LEONARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW DAVID J. LEONARD, Defendant : NO. 04-3246 : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under ~330l (c) of the Divorce Code was filed on July 6, 2004, and service was made on July 14,2004. 2. The marriage of Plaintiff and Defendant is in:etrievably 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. /)L~ ~R."LEON' , Plaintiff DATFL/]j /;j, OWS- I (") c '" (- c::;' /:,- -i -<. r--.> <='-' "'-' C_" o 'Tl -< -~ flip=.' -'''J rI~ ,'be:; ?'-0 ~~~ :~2 (~,') -."')\-n ;~::~ "13 '-< '- c:: 1'-'- ..,- --0 -[.". -,'.~ s:- \.0 T LINDA R. LEONARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW DAVID 1. LEONARD, Defendant : NO. 04-3246 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 UNsw,);IFICATlONTOAlJIl:~ r' ~ DATES /;? "J,1/J') \~d/u 11._( ! . LINDA R. LEONA , PlamtJff (") ,...., ~ c--" ~;.: = ,-" <.-- ...... ,.-~ ::r: --r\ \ ~-;-,~~ 'ii""\e -"",-11' ' - ~'JQ .- -.2\(:; - _..'- -, -0 ;~l ~~~ ~.. -- - '-'. -, .r:- :55 ..-.:, u:> ..< 1f" " .. . . . . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS A GREEMENT, made this 1fd day of J 14 h {' , 2004, by and between LINDA R. LEONARD, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND DA VID J. LEONARD, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on October 12, 1996, in Cumberland County, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly --Page 1 of 16-- - " . . , . conversant with and know accurately the size, degree, and extent of the estate and income of Wife; and NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor that the parties have elected to proceed unrepresented. Wife is represented by Brian C. Bornman, Esquire, and Husband has elected to proceed unrepresented in this matter. The parties acknowledge that they have received independent legal advice from counsel of their own selection or having been made aware of the prudence of such independent legal advice have elected to proceed unrepresented and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part ofthe other, or on the part of the other's counsel. --Page 2 of 16-- - 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Af!reement not a Bar to Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned --Page 3 of 16-- - the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of S3301(c) of the Divorce Code of 1980. 5. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 6. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he --Page 4 of 16-- - or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 9. Vehicles: The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 2001 Saturn vehicle, which was originally titled in Wife's name alone. This vehicle is secured by a lien held by GMAC. Wife agrees that she will be solely liable on the loan to GMAC and she shall indemnify and hold Husband harmless against any and all collection activities arising from the loan to GMAC. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever relative to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the parties' 1999 Dodge pick-up truck, which was originally titled in the parties' names jointly. This vehicle is secured by a lien held by Navy Federal Credit Union. Husband agrees that he will be solely liable on the loan to Navy Federal Credit Union and he shall indemnify and hold Wife harmless against --Page 5 of 16-- - any and all collection activities arising from the loan to Navy Federal Credit Union. Wife shall execute the title to the vehicle within fifteen (15) days of the request to do so by Husband. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever relative to the aforesaid vehicle from the date of execution of this Agreement forward. 10. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 11. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. Real Estate: The parties are joint owners of real estate located at 1007 Forge Road, Carlisle, Cumberland County, Pennsylvania, which property is currently held in joint names as tenants by the entirety. This property is encumbered by a mortgage due and owing to Washington Mutual Bank. Husband agrees that contemporaneously with the entry of a Divorce Decree, he will execute a deed conveying all of this right, title --Page 6 of 16-- and interest in the aforesaid real estate to wife by fee simple warranty deed. Husband shall then make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate. From the date of execution and delivery of the deed forward, Wife will be solely and exclusively responsible for the payment of the aforesaid mortgage due and owing to Washington Mutual Bank and shall make each such monthly payment there under when and as payments are due, including any and all interest, late charges, and the like. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid mortgage from the date of signing and delivery of the aforesaid deed forward. 13. Recivrocal Waivers of Pension Interests: Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. 14. Warrantv as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 15. Spousal Support. Alimonv. Alimonv Pendente Lite. and Spousal Maintenance: a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. --Page 7 of 16-- b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 16. Business Interests: Husband hereby acknowledges that Wife operates a business known as Designs by Linda. Husband hereby waives all right, title, claim or interests he may have through equitable distribution in all tangible and intangible assets of the business known as Designs by Linda. Wife acknowledges that Husband is currently operating or has operated a business known as Dave Leonard's Golf Instruction. Wife hereby waives all right, title, claim or interest she may have through equitable distribution in any tangible or intangible assets of the business known as Dave Leonard's Golf Instruction. 17. Camver: The parties acknowledge that they are the joint owners of a 5th wheel camper, which is titled jointly in the parties' names. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of the camper. Wife shall execute the title to said camper within fifteen (15) days of being requested to do so by Husband. Wife shall make no claim whatsoever relative to access to or use of the aforesaid camper. On the date of execution of this Agreement forward, Husband will be solely and exclusively responsible for the payment of the encumbrance on the said camper due and owing to Navy Federal Credit Union and shall make each such monthly payment thereunder when and as payments are due, including any and all interest, late charges, and the like. Husband shall indemnify --Page 8 of 16-- " . Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid encumbrance from the date of signing this Agreement. 18. Mutual Releases: Husband and Wife each do hereby mutually remIse, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach --Page 9 of 16-- . '. . of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 19. Divorce: Wife shall commence an action for divorce against Husband pursuant to S3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, after ninety (90) days have elapsed from the time of service of the Divorce Complaint, execute Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under S3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. --Page 10 of 16-- I 20. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 21. Remedv for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 22. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes and equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 23. Summary of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. --Page 11 of 16-- 24. Tax ConseQuences: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. 25. Mutual Cooperation/Dutv to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. --Page 12 of 16-- IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: /j?~v- { lJ~qkJ 0, ~6 ~ f<J () ()fl tr3.0L/ Date /; .' cr ~~ ;{:'- .~/ ~E~. ~ DA VID . ARD tfi-3-otf Date --Page 15 of 16-- ''l''',~ ;'.l':' :'Jl.'~""''''' Y,f " ./ f' ,'~: . v " ... ~ t i;.,"~~- (?,~~ :, :'~ l, I ,l:.~Ij';~,~ -, 1'~'~ ~ ~ ("") ~~~; ~ " !'-') c;.;:1- (-~-: . l;..,l~1 o -n --l I r--~l r",) C.' ~ .) r'v LINDA R. LEONARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W DAVID J. LEONARD, Defendant : NO. 04-3246 : IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 93301(c) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: certified mail/restricted delivery on July 14, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code: by Plaintiff: July 12,2005 by Defendant: April 25, 2005 (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice In 93301 (c) Divorce was filed with the Prothonotary: July 14,2005 Date defendant's Waiver of Notice In 93301 (c) Divorce was filed with the Prothonotary: April 27, 2005 ().) Marylou t\.t as, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff ""' 2~ 0 c.n "-Tl ~:= i --. N o :t:':-,. --~ C:) s:- f""",,) ~:,) c;~ ::D -< . . . :+: :+::t; ;+: ;+: iii:+: . :+::+::f.:+: .. . . . . . . . IN THE COURT OF COMMON PLEAS . . . . . OF CUMBERLAND COUNTY . PENNA, STATE OF . . LINDA R. LEONARD, . . N 04-3246 CIVIL TERM O. Plaintiff . . VERSUS . . . . . . . . DAVID J. LEONARD. Defeni'l;.nt . . DECREE IN DIVORCE . . . . . . . . . . . . . . . . f'~ ZT~ , z...S-, IT IS ORDERED AND AND NOW, DECREED THAT Linda R. Leonard , PLAINTIFF, AND David J. Leonard , DEFENDANT, . . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOL.LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . . . The parties' Separation and Prooertv settlement Aqreement dated . incorporated herein, but not merged . . . . . . . . . . . . . . . . . . . . . '. By THE COURT: I ~ F1'~ --- PROTHONOTARY . < . .. . . :f.'t' ;+:;+:,., . :f.'+ :f';+::f.;+::+.'fOf. ;ti;+::+::+; <. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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