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Home My WebLink About04-4435 II IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA RICHARD L. LEVAN Plaintiff : NO. ott-44JS {!,uL/~ V. : CIVIL ACTION - LAW ROXANN B. LEVAN, Defendant : 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING 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, P A 17013 1-800-990-9108 717-249-3166 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas II II presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada enla demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 1-800-990-9108 717-249-3166 II IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. LEVAN Plaintiff : NO. ()l./..4"3~ {J;"lt-r~ : CIVIL ACTION - LAW V. ROXANN B. LEVAN, Defendant : IN DIVORCE COMPLAINT IN DIVORCE COUNT I AND NOW, comes the Plaintiff, Richard L. LeVan, by and through his attorneys, Cunningham & Chemicoff, P.c., and seeks to obtain a Decree in Divorce from the Defendant and in support thereof avers as follows: 1. The Plaintiff, Richard L. LeVan, resides at 5 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania. The Plaintiff is a citizen of the United States of America. Plaintiffs Social Security Number is 165-38-2323. 2. The Defendant, Roxann B. LeVan, resides at 520 Peppercorn Square, Enola, Cumberland County, Pennsylvania. The Defendant is a citizen of the United States of America. Defendant's Social Security Number is 227-04-6097. 3. The Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least the last six (6) months immediately previous to the filing ofthis Complaint. I II 4. The Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least the last six (6) months immediately previous to the filing ofthis Complaint. 5. The Plaintiff and Defendant were married on June II, 1979, in Dauphin County, Pennsylvania. 6. The Plaintiff avers as the grounds on which this action is based that the marriage is irretrievably broken. 7. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and that the Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II 9. The averments in Paragraphs 1 through 8, inclusive, are incorporated herein by reference thereto. 10. During the course of the marriage, the parties acquired marital property. WHEREFORE, the Plaintiff requests the Court to equitably determine, divide, distribute and assign the marital property of the parties pursuant to Section 3501 of the Divorce Code. 1/ Respectfully submitted, ICOFF, P.c. Dated: 'VI?J { 104 6 1.. 144 23 0 North Second Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: (717) 238-6570 VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. ~ Richard L. LeVan Dated: 1(IO! O~ AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYL VANIA ss COUNTY OF DAUPHIN The Plaintiff, being duly sworn according to law, deposes and says that he is the Plaintiff in the above captioned matter and that he personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch ofthe Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. R--- Richard L. LeVan COMMONWEALTH OF PENNSYLVANIA NoIariaI Seal Christine A. Zaring. Notary Public City Of HanisbuIg, Dauphin County My CoIm1issIon Expkes Mar. 25, 2008 Member, Pennsylvania Association Of Notaries AFFIDAVIT COMMONWEALTH OF PENNSYL VANIA ss; COUNTY OF DAUPHIN I, Richard L. LeVan being duly sworn according to law, depose and say: (I) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Pi Richard L. LeVan COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christine A. Zaring, NoIary Public City Of Hanisburg, Dauphin County My Commission Expires Mar. 25, 2008 Member Pen"sylvania Association Of Notaries (::) Nl' 1t it. ~~ ..0 w ~~ ~( 9v D d ~ '-.J..o DO 83 jr:t:> J~ Q '- -- "-> 0 ~~ -n ..J;- .-t t~} ~ FJ ~nln I ,,-,0 ~~ ;~ ti <:":) ~ r,) ~~ 8 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. LEVAN Plaintiff v. : NO. 04-4435 Civil Term ROXANN B. LEVAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERV][CE I, Robert C. Saidis, Esquire, hereby accept service of the Divorce Complaint filed on -r/f September I, 2004, on behalf of the Defendant, Roxann B. Le:Van, on the 16 day of September 2004. Respectfully submitted, SAIDIS SHUFF FLOWER & LINDSAY By: a&.";re I.D.No. 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Defendant CERTIFICATE OF SERVICE I do hereby state that on the 30th day of September 2004, I served a true and correct copy of the foregoing in the captioned matter, by placing the samt: in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addresst:d to: Robert C. Saidis, Esquire Saidis Shuff Flower & Lindsay 26 West High Street Carlisle, PA 17013 fin ~e A. Zaring, Le '- ....., <:::'::l = ~ o .1 --i I_ rnp! -rJm -l')C' ;:") )' ~:~..f() ~;5,~;.l ;:'~l ~t) -< o n -I I \) -r;" ~- ~) W C.U Jordan D. Cunningham, Esquire Supreme Court I.D. 23144 Cunningham & Chernicoff, P.C. 2320 North 2"d Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Defendant RICHARD L. LEV AN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4435 Civil Term ROXANN B. LEVAN, Defendant : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on September I, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling and service of the Complaint. 3. I consent to the entry ofa Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. C\~ Richard 1. Levan Dated: NQ}.,c..i, ll..l, :J-cD5 Jordan D. Cunningham, Esquire Supreme Court I.D. 23144 Cunningham & Chernicoff, P.c. 2320 North 2"' Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Defendant RICHARD L. LEVAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 04-4435 Civil Term ROXANN B. LEV AN, Defendant : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is finalized. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Q Richard L. Levan - Dated: I Jc..,,\Q.\! \"l,2CCS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. LEV AN Plaintiff : NO. 04-4435 Civil Term V. : CIVIL ACTION - LAW ROXANN B. LEV AN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under g3301(c) of the Divorce Code was filed on September 1,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Dated: ,--:;;; 72'6 i /) zooS / i^ /"' '---/ / /. t- t~,'y.Jiu \ eC, Roxann B. LeVan ------/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. LEVAN Plaintiff : NO. 04-4435 Civil Term V. : CIVIL ACTION - LAW ROXANN B. LEV AN, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is finalized. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Dated: ~ /(,;; cO) S-- , ~ c --./ ~ . 7 (,1 k~ v',- ( t I~ . <>- Roxann B. LeVan ------------ <, MARITAL SETTLEMENT AGREEMENT ;7f1f ~ b MADE AND CONCLUDED this day of K day of -- 200Yby and between RICHARD L. LEVAN of Camp Hill, Cumberland County, Pe sylvania, (hereinafter referred to as HUSBAND). -AND- ROXANN B. LEVAN of Enol a, Cumberland County, PeIlIlsylvania, (hereinafter referred to as WIFE). WITNESSETH: WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as husband and wife has been rendered impossible; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities, and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for WIFE'S and or HUSBAND'S maintenance and/or for spouse support, alimony pendente lite, alimony, counsel fees and expenses, custody and equitable distribution; and WHEREAS, the parties intend this Agreement to be a full and complete Marital Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property rights and claims for spouse support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of marital property. NOW THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: I. PERSONAL PROPERTY: HUSBAND warrants and represents to WIFE, and WIFE warrants and represents to HUSBAND, that they have effected a fair and equitable division of all marital property of the parties, and that any and all marital property, except as expressly provided herein, presently in possession or under the control of WIFE shall be the property solely of WIFE, and that any and all marital property, except as expressly provided herein, presently in possession or under the control of HUSBAND shall be the property solely of HUSBAND. WIFE shall have sole rights of possession, title and ownership to the following personal property and HUSBAND does hereby waive and relinquish any and all right he has or may have to claim any interest or share in said following personal property as set forth in Exhibit "A". HUSBAND shall have sole rights of possession, title and ownership to the following personal property and WIFE does hereby waive and relinquish any and all right she has or may have to claim any interest or share in said following personal property as set forth in Exhibit "B". Neither party shall make any claim to any items of marital property, or of the separate personal property of either party, which are awarded to the other pursuant to the provisions of this Agreement or which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. HUSBAND and WIFE do hereby waive and forever release any interest or right either may have to make any claim against or to assert any interest or right to or in any retirement plan, pension plan, profit sharing plan, or other employee benefits of any nature or type earned or provided to the other. 2. REAL PROPERTY: For and in consideration of the sum of One Dollar ($1.00) to be paid at execution of this Agreement, WIFE shall make, execute and deliver to HUSBAND a special warranty deed conveying, transferring and granting to HUSBAND all of her right, title and interest, if any, in and to the real property of the parties situated at and known as 5 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania. The aforesaid sum shall be paid to WIFE upon execution and delivery of this Agreement and the warranty deed. WIFE hereby warrants, covenants and represents that she has not caused or permitted any lien, mortgage or encumbrance or restriction to be placed or filed against the aforesaid real property. 3. LUMP SUM PAYMENT: In consideration of WIFE's waiver of all rights arising from the marital relationship except as provided herein, HUSBAND shall pay to WIFE the sum of$30,000.00 upon her execution and delivery of the deed to the real property described in Paragraph 2 above. 2 4. TAX CONSEOUENCES: 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 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 part of the marital estate. As a part of the equal division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 5. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE represent and warrant to each other that except as provided herein, neither one has contracted, since separation or will in the future contract, any debts, charges or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, and they covenant that they will at all times keep each other free, harmless and indenmified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. HUSBAND agrees to timely pay and be solely responsible for, and to indenmify and hold harmless WIFE from liability on, the following debts: I. National City Bank Mortgage; 2. Pennsylvania Central Federal Credit Union; 3. MBNA, Master ChargeNisa; 4. Capitol One, Master ChargeNisa 5. Bank of America, Master ChargeNisa; 6. Kohl's Department Store; 7. Providian; 8. CitiBank, Master Charge; 9. Boscov's; 10. Honda Finance. HUSBAND has paid, refinanced, or obtained Wife's release from the above debts. WIFE agrees to timely pay and be solely responsible for, and to indenmify and hold harmless HUSBAND from any liability on, the following debts: I. American Education loan; 2. Bank One, Master ChargeNisa; 3. First Bank, Master ChargeNisa; 4. Honda Finance 3 6. WAIVER OF RIGHTS AND MUTUAL RELEASE: The parties hereto have been informed of their rights by their respective counsel under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by that party and shall not be subject to any claim whatsoever by the other party. Subject to the provisions of this Agreement, each party has released, discharged and, by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all cause of actions, claims, rights or demands whatsoever, in law or equity, which either of the parties ever had, now have, or can have at any time against the other, specifically including rights or claims to spouse support, alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of marital property, except for any cause of action for divorce from the bonds of matrimony and any cause of action for breach of any provisions of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the future to claim and/or obtain spouse support, alimony pendente lite, alimony, counsel fees and expenses or equitable distribution of property. This Agreement is not intended to be nor shall it be construed or deemed to be a release or waiver of any right WIFE or HUSBAND may have to claim, assert or obtain social security benefits to which either may be entitled by virtue of the marriage relationship between HUSBAND and WIFE. 7 . ESTATE RELEASE: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 8. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jordan D. 4 Cunningham, Esquire, for HUSBAND and Richard Saidis, Esquire, for WIFE. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9. AFTER ACOUIRED PERSONAL PROPERTY: Each ofthe parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of real and 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. RY ~ 10. PRIOR INCOME TAX RETURNS: The parties have heretofore filed joint federal and state income tax returns. HUSBAND agrees that in the event any deficiency in federal, state, or local income tax is proposed, or any assessment of any such tax is made against WIFE by reason of her having joined in the filing of said joint returns, HUSBAND will indemnify and hold WIFE harmless from and against any loss or liability for any such tax deficiency or assessment and any interest and penalty incurred as a result of HUSBAND'S misrepresentation or failure to disclose the nature and extent of HUSBAND'S separate income, and WIFE hereby agrees that she will indemnify and hold harmless HUSBAND from and against any loss or liability for any tax deficiency or assessment and any interest and penalty incurred as a result of WIFE'S misrepresentation or failure to disclose the nature and extent of WIFE'S separate income. Husband and Wife shall file a joint federal and state income tax return for 200 . II. REPRESENTATIONS AND WARRANTIES: The parties acknowledge that they have been advised by their respective counsel of their right to require the filing of financial disclosure statements by the other prior to the entering into this Agreement, and being so advised the parties acknowledge that they have waived their right to request such financial disclosure. However, each ofthe parties hereby warrant and represent to the other that at the time of separation, they had no right, title and interest in any real or personal property with a fair market value in excess of Five Hundred and 00/100 Dollars ($500.00) except for any asset or item of real or personal property specifically described and awarded pursuant to Paragraphs I and 2 of this Agreement. HUSBAND hereby acknowledges that WIFE'S consent to the terms and conditions of this Agreement, and her making of this Agreement, is in direct reliance upon the accuracy and truth ofthe financial information set forth in the joint income tax returns of the parties, the HUSBAND'S Answers to WIFE'S Interrogatories and other financial information provided by HUSBAND. HUSBAND hereby warrants and represents to WIFE that: 5 (a) The information and data set forth in the joint federal income tax returns of the parties is true and correct; (b) The information and data st forth in the HUSBAND'S Answers to Interrogatories, Inventory and Appraisement, and Income and Expense Statement, are true and correct; and (c) The parties, at the time of separation, had no marital assets, except those specifically listed in this Agreement, which had a total fair market value of Five Hundred and 00/100 Dollars ($500.00). WIFE hereby warrants and represents to HUSBAND that she has not and will not cause any lien or encumbrance to be placed or recorded against the real property described in Paragraph 2 of this Agreement, excluding however the first mortgage in favor of National City Bank as described in Paragraph 2 of this Agreement. 12. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or determine fit. 13. NO INTERFERENCE: Each party shall be free from interference, authority and control, direct and indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, compel, or endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society or acquaintances which either ofthe parties hereto may choose or have from this day forward. Neither party shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 14. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement. 15. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a divorce on lawful grounds as 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 part of the other party which have occasioned 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 Section 3301(c) of the Divorce Code of 1980. The parties agree to sign all necessary documents, including Affidavits of Consent, to secure said no- fault divorce. 16. ABSOLUTE AND FINAL SETTLEMENT: The provisions of this Agreement are intended to consider, determine, and distribute all of the assets of the 6 parties hereto as part of the terms of this Marital Settlement Agreement. This Agreement is intended by the parties hereto to be a valid Marital Settlement Agreement, providing for the absolute and final settlement oftheir respective property rights and all obligations of spouse support. This Agreement is not intended to be a mere Separation Agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 17. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into of his or her own volition, (with full knowledge of the facts and full information as to the legal rights, liabilities and the assets of the other), and that each believes the Agreement to be reasonable under the circumstances and not the result of any duress or undue influence. 18. MODIFICATION AND WAIVER: Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall not prevent or estop such party from thereafter enforcing such provision, right or option, and the failure of either party to insist in anyone or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 19. SITUS: This Agreement shall be construed and governed in accordance with the laws of the Commonwealth ofPeIlIlsylvania. 20. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 22. SURVIVAL OF THIS AGREEMENT: It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no Order, judgment or decree of divorce (temporary, 7 interlocutory, final or permanent) shall affect or modifY the financial terms of this Agreement. 23. BREACH: If either party breaches any provision of this Agreement, (excluding however, provisions or terms relating to child custody or child support) the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other legal or equitable remedies or relief as may be available to him or her; and the party breaching this contract hereby agrees to be responsible for payment of all attorney's fees, legal costs and expenses incurred by the other in enforcing their rights under this Agreement. 24. BINDING EFFECT: Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each adopting the seal following his or her signature as his or her own. WITNESSES: HUSBAND: "~ ~- RICHARD L. LEVAN WIFE: ~~ff / ~~ rt Vl~, RO NN B. LEVAN , ,~ 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: On this, the /i/II, day of HIIR.(!.,A ,2005, before me, a Notary Public, the undersigned officer, personally appeared RICHARD 1. LEV AN known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. "I---~""--"'-i'.j,:'~t~~i.';'~~~;;~-~' Lird,,,l B. r;'pp':erJ. i'j,)':.lry Public I CP.v Of ~-';;rr::s!)u-:~ D"dphln County i r'11V (:','w_r:~'::~~~~,~,~::::'. I','AS Feb. 25. 2006 , , ':'.1-, 'K:at:onotNotaries IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ g~/L~ OTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: 2005 On this, the 15tll day of Februarv , ~ before me, a Notary Public, the undersigned officer, personally appeared ROXANN B. LEV AN known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set COMMONWEALTH F PE YLVAN/A Notarial Seal Sallie. Allshouse, Notary Public Camp Hili Bom, Cumberland County ._My Commission Expires Mar. 29, 2008 9 PROPERTY TO BE RETAINED BY WIFE EXHIBIT "A" I. Percopier & Keane Associates Employee Retirement Plan; 2. T.V. Cabinet; 3. Dining Room Suite and Contents of Breakfront; 4. Gold Mirror; 5. Gold Lamp; 6. Pots and pans; 7. Wall decorations; 8. Dining room light fixture; 9. Statue (Teri's); 10. 1999 Honda CRV " PROPERTY TO BE RETAINED BY HUSBAND EXHIBIT "B" I. 1988 BMW 3251; 2. 1994 BMW 3181; 3. All personalty located in former marital domicile; 4. Business known as Richard 1. LeVan Agency including all stock in corporation known as Richard 1. LeVan Agency, Inc.; 5. 1999 Honda Accord; 6. Term Life Insurance Policy issued by Manhattan Life Insurance Company. CERTIFICATE OF SERVICE I do hereby state that on the 1)V\day of April 2005, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Robert C. Saidis, Esquire Saidis Shuff Flower & Lindsay 26 West High Street Carlisle, PA 17013 11&<1 ~ Angela L. Hewitt~ Legal Secretary ., ~..~) -' , Co '" C:::> c..;:) c....") :'::1... -;:J ;1:; ! CO ~ "-/ :1:_ Ir:~ 1"- -')1 q -"0 ~::;(L} ?', ", q ;' ;;.:;,~ :.~yn :~;! ..J .-< -" ~"I" .. RICHARD L. LEVAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-4435 Civil Term ROXANN B. LEV AN, Defendant CIVIL ACTION - ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) or JJOI(d)(I) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Defendant received the Complaint on September 1. 2004 bv service on her Counsel. Robert C. Sadis. Esquire as evidenced bv the Proof of Service filed to the within number. 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by !j3301(c) of the Divorce Code: by Plaintiff: March 14.2005; Defendant: Februarv 15.2005. (b)(I) Date of execution of the Affidavit required by !j3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: All economic and equitable distribution claims were addressed and have been settled. 5. (Complete either Paragraph (a) or (b)). (a) Date and manner of service of the Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached: N/A .. (b) Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: March 15.2005 Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: March 15.2005 Date: 10/0) F:\HOME\CAZV-L\LEV AN\PRA TRANS. WPD 2 ..."(.'j _'t',' ...,,".~ q, .-' -<~, ~y,r' .~\ f-n" ,~_i C;c ,7\(,;. .?~. ,,',,~ . -;\ ,:::\ 'T:>' ~Jj~ ~- .-' c? 'if, ~;, ";U \ cP c.:? cP -------- ------------- ~+':+;;!i + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ;+::+;:+;:+;:f. ;!i;!i:+;:f.:+;;+:+';+:+'+';!i+';!i;+:;!i;+:;+:;+:+'~;!i;!i;+::f.;+: ;+:+';+:+'+';!i;!i:f.;+: ;+:~+':f.;+:+;+:;!i+':f.;+:+';+:~;!i+;+:;+:++'+'+':f.;+:~;+:;!i+'+'+;+:+;+:++'+'+~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + Decree in Divorce by reference as though fu)cly set forth Said agreement; with but shall survyr~< t.his De~cr~ l)//ivor ceo ,J"". : BYTHE'~RT: //.1-' /~ ; / ~/. + / + + + " + ATTEST: J. ; + + + + + + + + + ++;+:+.+~~;+:~;+:+ ;!i;+:+++;+:+ ~++~;+:++.++++~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICHARD L. LEVAN PENNA. STATE OF No. 04-4435 CIVIL TERM VERSUS ROXANN B. LEVAN DECREE IN DIVORCE ~> 2005 AND NOW, , IT IS ORDERED AND Richard L. Levan DECREED THAT , PLAI NTI FF, Roxann B. Levan AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. XlJ{ll{~%XJl(~XNlIJ\ll{~X<lllECXJEMlDll\Ql~Jm(lWOO{lWlEMXll:"I:lli(1iJm( ~1!IX~1i!J@X~~lttimecJOOc~KXMX~~~\I't~~~ixxJtX~Rx!\dftxx xRx~~fJb(XffiXxxx 1I<D~ The terms, provisions and conditions of the Marital Settlement Agreement dated February 15, 2005 which is attached hereto are he~y 1n into this shall not PROTHONOTARY ;+: ;+:++';!i+. +.+++.:+; :f.++'+'+'+';!i /'\ wJ"l1~ ftP ~ /l;r'WI' Plj::.tJ? ~Yl#~;; f P!I~ Uc7i7 .f~-; );:?~~ 7 c;,J <'". ' /' ./ /