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HomeMy WebLinkAbout04-4716MICHAEL LEBO, Plaintiff VS. EVELYN S. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.(hq - q?lt CIVIL TERM IN DiVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A .judgment may also be entered against 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 the divorce is indignities or irretrievable breakdown of the man:iage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. 1F 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 TillS 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 TELEPHONE: (717) 249-3166 MICHAEL LEBO, Plaintiff VS. EVELYN S. LEBO, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq - q~ll~ CIVILTERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW, the Plaintiff, Michael Lebo, through his attorney, Dawn S. Sunday, Esquire files this Complaint in Divorce based upon the following: 1. The Plaintiff is Michael Lebo, an adult individual, residing at 190 Heckenluber Road, Biglerville, Adams County, Pennsylvania 17307. The Defendant is Evelyn S. Lebo, an adult individual, residing at 53 Summerfield Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant were married on August 17, 1974 in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or in any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The parties' marriage is irretrievably broken, 8. The Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request that the Court require the parties to participate in counseling, and does not request counseling. 9. The parties have entered into an agreement for the resolution of their divorce and equitable distribution issues. WHEREFORE, the Plaintiff respectfully requests that the Court enter a decree of divorce under Section 3301(c) or 3301(d) of the Divorce Code. Respectfully Submitted, Dawn S. Sunday, Esquire Counsel for Plaintiff ID No. 41954 39 West Main Street Mechanicsburg, PA 17055-6230 (717) 766-9622 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date Plaintiff PROPERTY SETTLEMENT & SEPARATION AGREEMENT TIDS AGREEMENT, made thiS~y of (\JOl~, 2003, at Carlisle, Cumberland County, Pennsylvania, by and between EVELYN S. LEBO, (hereinafter called ("Wife") and MICHAEL A. LEBO, (hereinafter called "Husband"). Wife and Husband were married on August 17, 1974, in Carlisle, Cumberland County, Pennsylv311ia. ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they are living separate and apart. Wife has been residing at the marital property located at 49 Derbyshire Drive, Carlisle, Cumberland County, Pennsylv311lia and Husband has been living at 190 Heckenluber Road, Biglerville, Pennsylvania. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention IInd purpose of this Agreement to set forth the respective rights and duties ofthe parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDli;RATION 2.01 Equitable Distribution of Marital Propertv. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code of 1980, and taking into account the following considerations: The length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effi~ctive. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Enforceability and Consideration. This Agret~ment shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Wife or Husband until it shall have been fully satisfied and performed. The consideration for this contract and Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy ofthe consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Not Predicated on Divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any jUilt or proper defense thereto. It is warranted, covenanted and represented by Wife and Husband, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Wife and Husband to execute the Agreement. Wife and Husband each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of publk policy, unenforceable in whole or in part. Wife and Husband do hereby warrant, covenant and agree that, in any possible event, neither party shall forever be stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. ARTICLE ill EOUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Estate. Wife and husband hereby agree to sell the marital property located at 49 Derbyshire Drive, Carlisle, Pennsylvania. The parties agree as follows concerning disposition of the said real estate in an equitable fashion: Wife and Husband agree to execute any and all documents necessary to sell the marital property. All outstanding mortgage obligations applicable to the above mentioned property shall be paid at time of settlement and the net proceeds from said sale shall be paid unto Wife. 3.02 Equitable Division of Personal Property. The parties have inventoried the major items of their joint marital property and have divided them to their mutual satisfaction. Husband hereby assigns to Wife all of his right in any furniture, furnishings, rugs, household equipment and appliances, pictures, books, works of art, and any other items oftangible personal property of whatever nature which are presently located in the marital residence. These items shall constitute the sole property of Wife. Irrespective of the foregoing provision, Wife hereby assigns to Husband all of her right, title and interest in and to those items of personal property which husband has received as of the date of this Agreement. Each of the parties hereby specifically waives any claims which he or she may have with respect to those items of personal property hereby assigned to the other. 3.03 Motor Vehicles. Wife shall retain all of her right, title and interest in and to the vehicle titled in her name and Husband shall retain all of his right, title and interest in and to the vehicle titled in his name. 3.04 After-Acquired Property. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or hlrr after the parties' date of separation with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 3.05 Pension Rights and Work-related Benefits. Husband and Wife agree as follows as to pension and work-related benefits: a. All rights and monies and benefits, past, present and future as well as any savings plans due Husband on account of his employment shall be his sole property and Wife agrees to sign any documents necessary to give effect to same. b. All rights and monies and benefits, past, present and future as well as any savings plans due Wife on account of her employment shall be her sole property and Husband agrees to sign any documents necessary to give effect to same. ARTICLE IV DEBTS OF PARTIES 4.01 Current Obligations. Wife and Husband are cognizant of all financial obligations entered into as Husband and Wife. Wife agrees to assume the mortgage on the real estate and all obligations in her own name. Husband agrees to assume all obligations in his own name. 4.02 Post-S~aration Obligations. Each party represl~nts to the other that, except as specifically set forth immediately above, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Article IV. 4.03 Warranty as to Existing and Future Obligations Wife and Husband each warrant that neither has heretofore contracted for any liability for which the other or the estate of the other may be responsible except as specifically disclosed and provided for by the terms of this Agreement. The parties further warrant that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all ARTICLE vn GENERAL PROVISI(~ 7.01 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions, and causes of a.ction of every kind that have been incurred relating to or arising from the marriage between th(~ parties. However, neither party is relieved or discharged from any obligations under this Agreement or any other instrument or document executed pursuant to this Agreement. 7.02 Subsequent Divorce. Nothing herein containl~d will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all the terms of this Agreement. 7.03 Waiver of Estate Claim. Except as otherwise herein provided, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other party's spouse under the present or futun~ laws of any jurisdiction as follows: a. to elect to take against the will or codicils of the other party now or hereafter enforced. b. to share in the other party's estate in cases of intestacy; c. to act as executor or administrator of the other party's estate; and d. the right to alimony, support, alimony pendente lite, attorney's fees, and equitable distribution. 7.04 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation, or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligations, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other party against any claim or demand, whether or not well founded, and that he or she will indeIl1nifY and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitutle an exception to discharge in bankruptcy. 7.05 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of 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. 7.06 Ri&!ht to Live Separatelv and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten, or interfere with the othe:r party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as '-J'.' -- ",~:'. .:/' "",l -', ~ ",I C._ " ,.' ~,.., - MICHAEL LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. o'-f~Y7/b CIVIL TERM EVELYN S. LEBO, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on behalf of Evelyn Lebo and certify that I am authorized to do so. ~ (17 ,.::mo <( / e ( , c:Jc:~ "'. ~ Susan J. an, Esquire One Irvine ow Carlisle, PA 17013 V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -. LAW NO. 2004-4716 CIVIL TERM MICHAEL LEBO, Plaintiff EVELYN S. LEBO, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER &3301 leI OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint In Divorce under ~3301 ( c ) of the Divorce Code was filed on September 20, 2004 and served on September 27,2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a finai Decree in 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 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. 4904 relating to unsworn falsification to authorities. ft. ^ \ \\. (,\ \ _ Date: \~,~~~ V~_ ~ Michael Lebo PLAINTIFF'S WAIVER OF NOTICE OF INTEIIHlON TO REQUEST ENTRY OF A DIVORCE DECREI: UNDER Ii 3301 I c I OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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. 4904 relating to unsworn falsification to authorities. Date:~ ~~ ~J" '" ;'\ ., <,.f' __I '-- ....,) ~". 0' vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -. LAW NO. 2004-4716 CIVIL TERM MICHAEL LEBO, Plaintiff EVELYN S. LEBO, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER 1\3301 Ie) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under 93301 ( c ) of the Divorce Code was filed on September 20. 2004 and served on September 27. 2004 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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. 4904 relating to unsworn falsification to authorities. Date: / -Lf- O~ ~I ~/ A~~U)/U, ./ velyn S. Let!' DEFENDANT'S WAIVER OF NOTI~ INTI:NTION TO REQUEST ENTRY OF A DIVORCE DECREI: UNDER 1\ 3301 Ie) OF THE DIVORCE. CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that i may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are, mad.e7bject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. . .....~/ 11 -,/ . 1/ \....:t {. ^ ~elyn S. Lebo 4- j/ Date: 1- - 0 ~ ./ " ./ ~';"-, (- r..) - MICHAEL LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW vs. NO. 2004-4716 CNIL TERM EVELYN S. LEBO, Defendant IN DNORCE 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) 2. Date and manner of service of the complaint: Acceptance of Service dated September 27.2004 3. Date of execution of the affidavit of consent required by 9 3301(c) of the divorce code: by plaintiff December 28.2004 ; by defendant Januarv 4. 2005 4. Related claims pending: None: All claims resolved bv Marital Settlement Agreement dated November 23. 2003 5. Date plaintiffs Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Enclosed for filing Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Enclosed for filing a~~- 4 Attorney for Plaintiff Dawn S. Sunday, Esquire ID # 41954 39 W. Main Street - Ste #1 Mechanicsburg, P A 17055-6230 (717) 766-9622 / -" -1.\ --------- .. .. "'it::f.'" :f.,.,it::+::f.:f. "''''''':f.:f.:f.''':f.''' :f.:f.~","'~"':f.:f.:f.:f.:f.:f.:f."':f.:f."':f.:f.:f.:f."'''' :+;;t'''':f.:f.:f.;f.:f.:f. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PENNA. STATE OF Michael Lebo No. 04-4716 VERSUS Evelyn S. Lebo DECREE IN DIVORCE ::r,2.II1. 2S 2005 IT IS ORDERED AND AND NOW, Michael Lebo , PLAINTIFF, DECREED THAT Evelyn S. Lebo , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE F'OLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None All claims resolved by the attached Marital Settlement Agreement dated November 23, 2003, the terms of which are hereby incorporated but not merged into this Decree for enforcement purp:)ses only. BmE COU: r1 of ATTE ~ /1' (,lIg;:- / PROTHONOTARY -- :f. it: it: ~:f. :+:"''''''':+::+::f.TTT:f.TT:f.:+::+:~:+:T "':f."':+::+::+: T :+:TT:f. :f.:f.:+::f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" Of.:+::f. Of.:+: ",'f. J. ---n-.7?# ~ }? ~N" ~0 .~~~ fiv ~ ~/>ff 4'h? r':;J of ,. ." "., ;;;>7. Le.. / ~(./' i fl7/...r:'/