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HomeMy WebLinkAbout04-5375 :1. i I THOMAS M. LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO.2004- $3'15 CIVIL ACTION-LAW IN DIVORCE CIVIL TERM v. DENISE A. LEBO, 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IFYOU DO NOT FILEA CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 v. f CONlNlON PLEAS Of \~;i~ ~U""'. !'ENNS'lL"...... NO.2004- 5?/1.s CNIL iERNI CNIL ACiION-\.A'N IN ONORCE \ iHONlAS N1. LEBO. .' II Plaintiff ~ \ \ \ , \ \ \ OENISE A. LEBO. oefendant \ \ I \ \ \ CP1Mi ~C ~ D iM dUll""''''''......... ......... .- 01' ..- '\. Plaintiff is ihomas N1. Lebo. an a ..... C....... c........... COU""/. ....,.."...... . o . 0 . ,LeI><> an..... """"'......... ......... ..."" 01"" 2. oefendant IS enlse. . " ,..... """"",. c........... COU"'" ............. ......-. . -"" d . ......... .... """"""'" ""'. """" ..... ... ..-.. In ... com""'" . .. . ''" C........ . ..... ......_ ...._ \0....... 0 ~ 0 ............. .. 01..... sO< "'" . · . 0 cambef '\7 '\977 In Hat.El..on. \ .. '{be ............ "",",,,ani -........... · . ~, 5. 6. ~ hS'\ throUgh 4 above. ...""" -"' ~ '" ----........ ,."... _ """" no.... ....... d - ",.. ............. --... Lut.Elfne Coun\'l. pennsVlvania. ihe maf\'iage is ifre\fieVablV bfO~en. '1 bilitV of counseling and that he l1\ ~'. .. "..........as """"........ d'" -' . . e artieS to participate in Counseling. _... ~ \0............. "'""....... '" · pa!ties. 7. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE. "'" P...... __ "'" "",0'" _ a""" of .No'" .. faYO' of the Plaintiff and against the Defendant. ~UtUJ!.=-EQUlTAB!...E Dl~lBJ.lTlON 10. PI~"''''''''''''''''- bY _""'.....- 1 - 9 """",. 11. The...... .- acqu,"", .... _. ..-~ ..."....,. """"""'" ....,..-.. bank _u"'" and """" ""'" of m"""""",",, property .- "'" ",- of ""'" ...mage. ~ 1 \ \ \ some of which is marital propertY. WHEREFORE. ....... ......,...., -- this Ho- court '" -, a ...... which effects an equitable distribution of marital propertY. RespectfullY submitted, O'BRIEN, BARIC & SCHERER Date: I" . ~). f}~ masIDom..t1c\1.t1b01dlvarce.comP ~.- 1.0.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for plaintiff, Thomas M. Lebo \ \ \ \ \ VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~/h_itb Thomas M. Lebo i I \ i I I I I \ \ I Date: It) /j-ffttf ~ l)(~ ........ f.. P ~ ~ f.,J ~~ ~lJ~ .c>Q~ 5o~ 00 , :tJ ~FC ~ ~ . ...., fo..," , . " (.', . '.. :",' :'-"(' ~: ;;.' ...... '..,'. -.., .' . I .. . ' !....) ,:, ~." ..... . II THOMAS M. LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2004- S'.1?S CIVIL ACTION-LAW IN DIVORCE CIVIL TERM v. DENISE A. LEBO, ACCEPTANCE OF SERVICE AND NOW, on this the ..J() day of November, 2004, I, Denise A. Lebo, Defendant, hereby accept service of the Complaint in Divorce filed in the above action pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. 7 ~ (1. :ij~ Denise A. Lebo (') r-.) 0 c::::> ~;~ C~-.:.) -1'1 _r.- " C1 :.1 \-q -;. :-,(J C"') n ',--" .' " --01'11 I -.'\0 (..~t i:. ')(J...) f ." '. - -);-r \ " :; ;l,~ ," l h":I, " ... f u:J 1'-) r.....) II I THOMAS M. LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 5375 CIVIL TERM DENISE A. LEBO, CIVIL ACTION-LAW IN DIVORCE I I I I II II I i I I i I Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301{C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on October 26, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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 . 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March1, 2005 // )/4%?~ Ix Jt;J-- Thomas M. Lebo - r-" (^) (:'::> ~n, c::~ c.J~' -;::;i.. -;.:J'" ?-~ \ ,p ~.R - -- ,I THOMAS M. LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004 - 5375 CIVIL TERM DENISE A. LEBO, CIVIL ACTION-LAW IN DIVORCE Defendant DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on October 26, 2004. 2. Defendant acknowledges receipt and accepted service of the Complaint on December 3, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. I' II II 'I II I ! 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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 . 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March;r ,2005 ~OJ1-dr- Denise A. Lebo C':} , (: 0< \; I ~ ~: ~.,,- ..;;;.- II THOMAS M. LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL TERM NO. 2004 - 5375 DENISE A. LEBO, CIVIL ACTION-LAW IN DIVORCE Defendant 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 Section 3301 (C) of the Divorce Code. 2. Date and manner of service of the Complaint: An Acceptance of Service was signed on November 30, 2004. 3. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on March 4, 2005; and Defendant on March 8, 2005. 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, f(JilJ!/! B;V Michael A. Scher r, Esquire -- ...:\i" ::r~ ";;-0 .~..- .'....- ..>-.. {-;J t"'.) ~ " .. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- 5375 CIVIL TERM THOMAS M. LEBO, Plaintiff Defendant CIVIL ACTION-LAW IN DIVORCE DENISE A. LEBO, MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2.L.t'f1./- day of SANv'i11l1 ,2005 by and between Thomas M. Lebo, of Cumberland County, Pennsylvania, and Denise A. Lebo, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Thomas M. Lebo (hereinafter called "Husband") currently resides at 5 Nelson Drive, Carlisle, Cumberland County, Pennsylvania 17013; and, i, I! ,! II !I South Hanover Street, Carlisle, Cumberland County Pennsylvania 17013; and, II II I I I' ! WHEREAS, Denise A. Lebo (hereinafter called "Wife") currently resides at 559 WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 17, 1977; and, WHEREAS, the parties have lived separate and apart since on or about the end of June, 2004; and, WHEREAS, there were two children of the marriage between the parties, namely, Rachel A. Lebo, born February 16, 1984 and Aaron M. Lebo, born December 2, 1987; and, 1 , I ! WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and \ authority, direct or indirect, by the other. Each may reside at such place or places as he ,I I' II or she may select. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2 II Ii ] 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Michael A. Scherer, Esquire, who is I I I , !I 11 I ,I " Husband's separate counsel. Wife has chosen not to be represented by counsel in this matter but understands her right to consult with counsel. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking or oral , i i , I i i II II II II I' I 'I II ','e d'~lo,"ee to the othee of hi, oc hee e~pect'e '"come, ~,." Md Iiabilil'~, whelh", ,I I II depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. 3 I 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband has filed a Complaint for Divorce in the Court of Common Pleas, Cumberland County, Pennsylvania, indexed to No. 04- 5375 Civil Term. The parties agree that they will each execute an Affidavit of Consent Ii and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that 'I I i I I I a copy of the Decree. II I' II I II Ii II I II jI i counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties are the owners as tenants by the entireties of real estate located at 5 Nelson Drive, Carlisle, Cumberland County, Pennsylvania 17013. The parties had a "market analysis" conducted on the property and believe it to be worth approximately $247,000.00. Wife agrees that, at the time of the execution of this Agreement, she will execute a deed transferring all right, title and interest to the aforementioned residence to Husband individually. Husband shall, within sixty (60) days of the date of the Agreement, cause Wife's name to be removed from the mortgages on the property, totaling approximately $129,000.00. Pending removal of Wife's name, Husband shall indemnify and hold Wife harmless on all financial obligations relating to the said real estate. In the event Husband fails to remove Wife's 4 'I name from the mortgage within sixty (60) days from the date of this Agreement either by refinancing, mortgage modification or other means, the property shall be listed for sale at a price agreed upon by the parties or determined by the court and, upon completion of the sale, Wife shall retain all net proceeds from the sale. B. Furnishinas and Personaltv. The parties agree that they have divided Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. c. Motor Vehicles. (1 ) Husband shall retain as his sole and separate property the 1995 Volvo. (2) Wife shall retain as her sole and separate property the 1998 Honda Passport. (3) Neither vehicle is encumbered by a lien. The parties agree that they will cooperate and execute any documents necessary to effectuate the transfer of titles and insurance regarding the above-referenced vehicles. 5 II . . D. Payment to Wife. Husband agrees that he will pay to Wife, in the form of equitable distribution, the sum of $20,000.00 payable upon Husband's refinance of the marital residence. E. Pension and Retirement Benefits. Husband holds a 401 (k)/profit sharing il plan through his employer, Keen Transport, valued at approximately $49,800.00. ! Husband shall retain, as his sole and separate property, the 401 (k)/profit sharing plan I he as accrued with Keen Transport. I I I I i I I retirement account valued at approximately $18,025.00. Wife shall retain, as her sole I I I Wife has acquired rights in a Pennsylvania State Employees Retirement System (PSERS) valued at approximately $70,000.00 and a Thrift Savings Plan (TSP) and separate property, the PSER and TSP she has accrued with the Capital Area Intermediate Unit. F. Bank Accounts. The parties were the joint owners of a checking and savings accounts at Orrstown Bank, Members First Federal Credit Union and Susquehanna Valley Credit Union. The parties have divided in an equitable manner the deposits in these various accounts and each party shall keep, as their separate property, the sums of money in their respective possessions from these accounts. 6 II ~ " G. Orrstown Bank Stock. The parties are the owners of 229 shares of Orrstown Bank common stock. The fair market value of each share is $42,00. The Orrstown Bank stock shall become the sole and separate property of Wife and Husband shall cooperate in transferring the account where the stock is held into Wife's name alone. H. Miscellaneous ProDertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to together. I I. ProDertv to Wife. The parties agree that Wife shall own, possess, and II enjoy free from any claim of husband, the property awarded to her by the terms of this I I Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, I I, and waives and relinquishes any and all rights thereto, together with any insurance II i policies covering that property, and any escrow accounts relating to that property. This I , i I Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all I rights in such property from Husband to Wife. 7 , J. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. K. Marital Debt. The parties acknowledge that, with the exception of the first and second mortgages on the marital residence, there are no other outstanding i i I I I II the obligations. I, I I I joint obligations. In the event there are any other debts in the name of either party, that party shall be solely responsible for those debts and shall hold the other harmless on L. Liabilitv. Each party represents and warrants to the other that he or she I has not incurred any debt, obligation or other liability, other than those described in this II 1\' Agreement, on which the other party is or may be liable. A liability not disclosed in this I' Agreement will be the sole responsibility of the party who has incurred or may hereafter Ii [ incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. 8 " M. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, \ costs of court and actual attorney's fees incurred by Wife in connection therewith. N. Indemnification of Husband. If any claim, action or proceeding is i i hereafter initiated seeking to hold Husband liable for the debts or obligations assumed I I I I I I I I I I I I I \ I I I , by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. O. Warranty as to Future Obliaations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate inclosing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 9 -, 6. SUPPORT. ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the I parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance j I or other like benefits resulting from the parties' status as husband and wife. The parties :1 further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing !I I, constitutes a final determination for all time of either party's obligation to contribute to I i the support and maintenance of the other. 7. CHILD SUPPORT. Wife shall pay Husband the sum of $300.00 per month I , , I whichever occurs later. Either party may initiate an action for the support of Aaron II , I , i I II Ii II for the support of Aaron until Aaron is age eighteen or graduates from high school, through the Cumberland County Domestic Relations Office at any time in order to have support paid according to the Pennsylvania Support Guidelines or to effect a wage attachment or for any other reason. The said child support payments may be modified based on a change in circumstances. 10 II ,. . 1\ 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be consumed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all lights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post- death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11 II -! ' " 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non- breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 15. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 12 '1 . . I . I il carefully read this Agreement; that he or she has discussed its provisions with an I' 16. ENTIRE AGREEMENT. Each party acknowledges that he or she has attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney, and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 17. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~//Lruc;-, fh. G:!-- Thomas M. Lebo DATE: J -1 ""!-- (/ r- l~/A<AA1 _ (] ~ Denise A. Lebo DATE: /-)f -j,) ~ ~ ~ - <S" ~ .r: ~ .-, ++++<+;+++:f.++'+++++++++++ +++ ++""++'f.++'f.++ . . . . + . . . . . . . . + . . + . . +++.++++++++++++++++.++++++.+++++++++++++~ + + . + + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF THOMAS M. LEBO + . . + + . . . + . + + + . + . . . Plaintiff VERSUS DENISE A. LEBO Defendant . PENNA. No. 2004 - 5375 CIVIL DECREE IN . . + . . . + + . + . . + + + . + . DIVORCE AND NOW, ~I\ 1) ( l DECREED THAT THOMAS M. DENISE A. AND . + . . + + . + . . + . . + . + + . . . + . + . + + + + + . . + . + + . . . + + + . + . + +++++++++++ I'll /' 260.5- IT IS ORDERED AND LEBO , PLAINTIFF, LEBO , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED: BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The parties' Marital Settlement Aqreement dated January 24, 2005 is herein as a final order of court. + + . . + +++++++++++++++++++++++++.+++++++++++++++++++.+++.+++.++++++++++++++++~ - ., ." ~A PROTHONOTARY . + + . . + + + . + + + + + + + + . + . . . + + + + . . + + . + + + + + + . . + + . + + . . + . . + + . + J. + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + . . + + + + ~t7 l' ~# "'Yi/o 57 J>' r r~~~74i jO}!~ > , "'! -; .